StepFest 2023 - Official Terms and Conditions
Step Mobile, Inc.
STEP FEST PROMOTION
Official Terms and Conditions
BY PARTICIPATING IN THIS PROMOTION YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST STEP ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Sponsor. The Step Mobile, Inc. Step Fest Promotion (“Promotion”) is sponsored and administered by Step Mobile, Inc., located at 120 Hawthorne Ave, Palo Alto, CA 94301 (the “Sponsor”).
Promotion Description. The Promotion is an incentive program that allows for participants (“Participant”), and certain participating schools (“Participating Schools”), to earn money in exchange for users signing up for a Step Account. There are two Promotions, the “Participating School Promotion” and the “Individual Participant Promotion”.
For the Participating School Promotion, each time: (1) a user attending a United States high school downloads the Step App and opens a Step Account; and (2) a parent or guardian of the user successfully opens a “Sponsor” account to sponsor and consent to the user’s use of their Step Account (a “Qualified Signup”), the Participant is entered into the total calculation of total number of Qualified Signups for the user’s Participating School. Participants in these Participating Schools shall enter contests to achieve the most number of Qualified Signups. The Participating School that has the most overall Qualified Signups (“Winning School”) will receive a $25,000 grant from the Sponsor to use for educational purposes as it sees fit. The Participating School that has received the second most Qualified Signups will receive a $10,000 grant from the Sponsor to use for educational purposes as it sees fits. The Participating School that has received the third most Qualified Signups will receive a $5,000 grant from the Sponsor to use for educational purposes as it sees fit. If two or more Participating Schools have an equal number of Qualified Signups at the end of the Promotion Period (such that they qualify for one of the grants), the Participating School with the most number of completions of the Step financial literacy Money 101 curriculum (the “Curriculum” or “Curricula”) will be deemed the Winning School (or correspondingly the school that receives the second or the third place grant). Completion of the Curriculum requires completion of all assigned courses and two assessments. Money 101 can be accessed at https://step.com/education.
For the Individual Participation Promotion, the Participant within any Participating School (it does not need to be the Winning School) who (i) completes the Curriculum; (ii) has the most referred friends who use the Participant’s unique referral code to open a Step Account and such referred friend’s parent or guardian successfully opens a “Sponsor” account to sponsor and consent to the referred friend’s use of their Step account (each, a “Qualified Referral”) during the Promotion Period (the “Winning Participant”) will additionally win a prize of: (i) a $10,000 scholarship award deposited into a scholarship fund in consultation with the Winning Participant; and (ii) economy travel arrangements (airfare and hotel accommodations) for the Winning Participant and one guest for one evening to attend Step Fest (more details below). If two or more Participants have: (i) completed the Curriculum; and (ii) an equal number of Qualified Referrals at the end of the Promotion Period, the Participant with the highest average score between the two assessments of the Curriculum will be deemed the Winning Participant.
Promotion Period. The Promotion period (“Promotion Period”) begins on February 7, 2023 at 9:01AM T and ends on April 2nd, 2023 at 11:59PM PT.
MANDATORY THIRD PARTY PLATFORM DISCLOSURE. If you choose to use social media platforms to seek referrals, which Step Mobile does not endorse, you are doing so and must do so abiding by the terms and conditions of the platforms that govern such use. Step Mobile is not affiliated with these third party platforms and they in no way support, endorse or sponsor this Incentive Promotion.
How to Participate.
6.1. To participate in the Promotions:
6.1.2. Sign yourself up on theStep Money 101 website to get access to the Curriculum.
6.1.3. Complete the Curriculum, including all assigned courses and assessments.
6.2. In addition to the participation rules above in 6.1, to participate in the Participating School Promotion:
6.2.1 You must affiliate your Step Account with a Participating School. You can add your school information during signup. Select your school from the pick list during sign up, or you can also add it to your account information under the "My School" section after signup. Each time a user signs up for an account that is Sponsored by their parent or guardian such that it counts as a Qualified Signup, your school will be on its way to receiving grand prizes of $25,000.00 and the opportunity to participate as a host of a Step-sponsored event (“Step Fest”) at your school as detailed in the “Prizes” section below.
6.2.2. You must affiliate yourself with a Participating School within the Step Money 101 website when accessing and completing the Curriculum.
6.3. In addition to the participation rules above in 6.1, to participate in the Individual Participant Promotion:
6.3.1. You must use your unique referral code to encourage your friends (any friend, even if that friend is in a different school) to sign up for a Step Account. Each time a friend signs up for an account that is Sponsored by their parent or guardian such that it counts as a Qualified Referral.
Things to remember. You may not retroactively sign up. No credit to anyone who signed up before or after the Promotion Period. For referrals, only friends who sign up for a Step Mobile account using your unique referral code will be a Qualified Referral. You may not retroactively sign up friends who fail to use the code. Any attempt to beat or game the system or engage in any practice that tampers with the fair play of the program, create fake accounts, or otherwise commit acts designed to undermine the promotion will result in disqualification from winning any prize.
Prize Incentive Notification. At the end of the Promotion Period, Step Mobile, pending verification of Qualified Signups, will announce winners of the Promotion.
9.1.For the Participating School Promotion:For each Qualified Signup, a Participant will be added to the total number of Qualified Signups for the Participant’s Participating School. The Participating School that has the most number of Qualified Signups among their registered students at the end of the Promotion Period, i.e. the Winning School, will win a prize of $25,000, payable by check or other transfer in Step’s discretion. The Participating School that has received the second most Qualified Signups will receive a $10,000 grant from the Sponsor to use for educational purposes as it sees fits. The Participating School that has received the third most Qualified Signups will receive a $5,000 grant from the Sponsor to use for educational purposes as it sees fit. If two or more Participating Schools have an equal number of Qualified Signups at the end of the Promotion Period (such that they qualify for one of the grants), the Participating School with the most number of completions of the Curriculum will be deemed the Winning School (or correspondingly the school that receives the second or the third place grant).
9.2. For the Individual Participant Promotion: The Winning Participant who has: (i) completed the Curriculum; and (ii) the most Qualified Referrals will win a $10,000 educational scholarship award and economy travel arrangements (airfare and hotel accommodations for one evening) for the Winning Participant and one guest to attend Step Fest. Signups must take place on or after February 7, 2023 but before March 31, 2023 to be valid. If two or more Participants have: (i) completed the Curriculum; and (ii) an equal number of Qualified Referrals at the end of the Promotion Period, the Participant with the highest average score between the two assessments of the Curriculum will be deemed the Winning Participant.
Taxes. This Promotion is a taxable event. In the event any Participant receives a prize that, independently, or in conjunction with other prizes awarded by Step that amounts to $600 or more will be subject to taxation. Award recipients may receive a form 1099 and are responsible for any and all tax burdens associated with the prize. Adults and minors are required to provide information in order for Sponsor to issue a form 1099, and all minors must have the signature of a parent or guardian on the declaration of eligibility/liability/publicity release issued before prize will be awarded. Please note that monetary prize winners must provide their social security number (and/or their parents or guardians’ social security number if they are under 18 years of age) in order to receive their awards.
Publicity. By participating in the Promotion, any Participant grants the Sponsor and its respective successors, assigns and licensees, the right to use such Participant’s name, any submitted photographs, and/or Participant’s biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Website or the Promotion or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.
General Conditions. By participating, and except where prohibited, Participants agree to be fully and unconditionally bound by these Official Terms and Conditions and the decisions of Sponsor and waive any right to claim ambiguity in the Promotion or these Official Terms and Conditions. Any portion of the Promotion may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Promotion. Sponsor reserves the right to clarify or update these terms in the event of a printing or typographical error. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting in violation of these Official Terms and Conditions, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. You may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Unclaimed prizes will not be awarded. All federal, state or other tax liabilities (including income taxes) arising from this Promotion will be the sole responsibility of the Participant. Caution: any attempt to deliberately damage or undermine the legitimate operation of the Promotion may be in violation of criminal and civil laws and will result in disqualification from participation in the Promotion. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution, except where prohibited.
Limitations of Liability. If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Participant's sole remedy is another entry in the same Promotion during the Promotion Period or the following Promotion Period. Except where prohibited, Participants also agree to release, discharge, indemnify and hold harmless Sponsor, Sponsor’s affiliated influencers, and each of their respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Promotion-related activity or participation in this Promotion, generally. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Promotion; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Promotion. Without limiting the generality of the foregoing, Releasees are not responsible for delays or cancellations related to a pandemic, including COVID-19, computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to pandemic, fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
BY PARTICIPATING IN THE Promotion, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES OR CLAIMS THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND SPONSOR WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN A COURT, AND SUCH ARBITRATION WILL BE CONDUCTED BY A NEUTRAL ARBITRATOR IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION’S (“AAA”) RULES AND PROCEDURES; (2) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN PARTICIPANT AND ANY RELEASEE ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (3) 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; (4) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 (5) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
Governing Law. Disputes regarding these Official Terms and Conditions and/or this Promotion will be governed by the internal laws of California. Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Terms and Conditions shall not constitute a waiver of that provision.
Promotion Results. For Promotion results and/or a copy of these Official Terms and Conditions, within 120 days, send an email to firstname.lastname@example.org with the title “Step Inc. #StepHighSchoolPromotion” in the subject line.
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