THESE OFFICIAL RULES ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE AND LICENSE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES. NO PURCHASE NECESSARY. PURCHASES DO NOT INCREASE ODDS OF WINNING. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED.
1. Promotion and Sponsor. Participation in the 1st Financial Bank USA Scholarship Promotion (the “Promotion”) constitutes Entrant’s (as defined below) full and unconditional agreement to these Official Rules. Entrant is free to disclaim any prize and status as Entrant, and as a result will not be eligible to receive any prize. The Promotion is sponsored and administered by 1st Financial Bank USA, 363 W Anchor Dr., Dakota Dunes, SD 57049 (“Sponsor”). All decisions related to, as well as all interpretation of, these Official Rules by Sponsor are final and binding. While this Promotion may be promoted via social media websites, such websites are not affiliated with Sponsor or this Promotion. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, or any other site or medium that might host content where information about this Promotion is posted or published (collectively “Content Hosts”).
2. Promotion Period. The Promotion begins on November 1, 2020 at 12:00 AM CST and ends on December 31, 2021 at 11:59 PM CST (the "Promotion Period"), and consists of fourteen (14) monthly entry periods (each an “Entry Period”) as set forth below.
|Entry Period||Start Date (at 12:00 AM CST)||End Date (at 11:59 PM CST)|
|1||November 1, 2020||November 30, 2020|
|2||December 1, 2020||December 31, 2020|
|3||January 1, 2021||January 31, 2021|
|4||February 1, 2021||February 28, 2021|
|5||March 1, 2021||March 31, 2021|
|6||April 1, 2021||April 30, 2021|
|7||May 1, 2021||May 31, 2021|
|8||June 1, 2021||June 30, 2021|
|9||July 1, 2021||July 31, 2021|
|10||August 1, 2021||August 31, 2021|
|11||September 1, 2021||September 30, 2021|
|12||October 1, 2021||October 31, 2021|
|13||November 1, 2021||November 30, 2021|
|14||December 1, 2021||December 31, 2021|
3. Eligibility. The Promotion is open only to residents of the United States who are 18 or older. Entrants must be planning to enroll or currently enrolled in a college degree program. Those who are a winner of the scholarship will not be eligible to enter again.
Employees or agents of Sponsor or its parent or affiliate companies or suppliers, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee or agent, are not eligible. Legal entities are not eligible to enter. Eligibility is contingent upon agreement to, compliance with, and fulfillment of all requirements of these Official Rules. Participation in the Promotion in any way, including submission of any entry or the partial completion of any act of entry or any other step taken to participate in the Promotion in any manner, constitutes full and unconditional agreement with all provisions of these Official Rules.4. How to Enter. NO PURCHASE NECESSARY. PURCHASES DO NOT INCREASE ODDS OF WINNING. There is one method of entry. By participating in the Promotion in any way you will become an “Entrant.” Each Entrant who enters using the below method of entry will receive one entry in the Promotion. Limit one eligible entry per person during the Promotion Period.
During the Promotion Period, you will automatically become an Entrant and receive one entry in the Promotion by submitting the form at https://1fbusascholarship.com. The maximum word count for the entry is 500 words. Winners will be selected by the Bank based on the entrant’s response to the writing prompt of the Program. The Bank will consider spelling, grammar, detail, creativity, and thoroughness of each entry to select the winners. When responding to any of the given prompts, the entrant must not reveal any full names or personal information about others.
5. Conditions of Entry. By entering or participating in this Promotion, Entrant agrees to be bound by these Official Rules and the decisions of Sponsor and its authorized representatives, which are final and binding in all matters concerning this Promotion. Entries not legitimately submitted in accordance with these Official Rules are void. Only qualified entries received by Sponsor during the Promotion Period are eligible for participation. All entries become the property of Sponsor and will not be acknowledged or returned. Sponsor may use any entry submissions in future promotional materials or however is deemed fit. The Entrant may not be notified of use and will not receive compensation. Entrants may be required to provide the following information to be eligible for a Promotion prize: first name, last name, month, day and year of birth, email address, complete mailing address (including city, state, and zip code) and phone number (including area code) (collectively or individually, “Personal Information”).
Unintelligible entries; entries with incomplete, invalid, incorrect or noncurrent information; entries that are counterfeit, damaged or tampered with in any way; and entries with printing, production or typographical errors will be disqualified. Entries that are late, lost, damaged, misdirected, stolen or not delivered are not the responsibility of Sponsor and will be disqualified. Sponsor is not responsible if a potential winner does not receive his or her prize because erroneous, expired, canceled, fraudulent, or fake information was provided during Promotion.
Participation must be by Entrant. Participation by any other individual or entity, or originating at any other website, email address, or phone number, including, but not limited to, commercial promotion, subscription notification, and promotion entering service sites, is invalid and will be disqualified from this Promotion. Any attempt to undermine the operation of the Promotion may be a violation of criminal or civil law, and Sponsor may seek damages to the fullest extent permitted by law from any person it finds to have made such an attempt.
6. Prize. There are 14 prizes available to be won. Approximate value of each prize is $2,000. Actual value of prize may vary. No compensation or substitution will be provided for any difference in prize value. Sponsor is in no way responsible for any cancellations, delays, postponements, diversions, substitutions, changes in service or accommodations, or any other act, omission, or result thereof, caused by any third party. All prizes must be accepted as awarded without substitution and are not, in whole or in part, assignable, transferable, or available for resale.
Sponsor has made no warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize. This includes, without limitation, any warranty, representation, or guarantee related to any prize’s quality or fitness for a particular purpose. Prizes are subject to availability and Sponsor may substitute a prize (or a component thereof) with another prize of equal or greater value if the prize is not available for any reason, as determined in Sponsor’s sole discretion. Federal, state, and local taxes and all other costs and expenses associated with acceptance and use of any prize not specified herein as being awarded are the winner’s sole responsibility. Prize specific terms and conditions apply. If the winner elects not to partake in any portion of the prize, any remainder of the prize that is unused will be forfeited and will not be subject to further or additional compensation. Any prize details not specified above will be determined by Sponsor in its sole discretion.
If any potential winner is disqualified, not eligible, or for any other reason cannot accept the prize as stated, then Sponsor will select a new potential winner from the remaining pool of eligible Entrants. Where legal, the winner may be required to submit, without alteration and in the form provided by Sponsor, a completed and signed Affidavit of Eligibility and Liability & Publicity Release (the “Release”), along with a properly completed U.S. Department of the Treasury Internal Revenue Service Form W-9, within the required time period communicated in the Release to be eligible to receive or participate in any prize. The winner may be issued a U.S. Department of the Treasury Internal Revenue Service Form 1099 and related tax forms for the actual value of the prize provided by Sponsor.
7. Winner Determination and Verification. After reviewing all eligible entries received during the Promotion Period, winners will be selected. Winners will be selected by the Bank based on the entrant’s response to the writing prompt of the Program. The Bank will consider spelling, grammar, detail, creativity, and thoroughness of each entry to select the winners. The process leading to the criteria for selection of the prize winners is within the sole discretion of Sponsor. All entrants agree to abide by the Bank’s determination of a winner and that the indemnification and liability limitation sections of the Official Rules protect the Bank against any claims by an entrant regarding the winner selection process. Individuals may only win the 1st Financial Bank USA Financial Goals Scholarship once in his or her lifetime.
Winners will be notified and announced on or before the 15th of each month. Winners are each subject to eligibility verification by Sponsor, whose decisions are final and binding. An Entrant is not a winner of any prize, even if notified of being a winner and/or issued any item of value, unless and until Entrant’s eligibility has been, and continues to be verified to the satisfaction of Sponsor. To be verified as eligible to receive a prize, each winner must fulfill all requirements and continue to comply with all terms and conditions of these Official Rules. Each winner will be notified via email, social media direct message, or social media comment. If a winner cannot be contacted using the information provided or fails to respond to Sponsor’s attempt to notify them of selection within seven business days; if any prize or notification is returned as undeliverable or yields an error or undeliverable type “bounce back” email (regardless if the message is ultimately delivered to the recipient); if the potential winner fails to sign and return the Release or any other required documentation or fails to comply with these Official Rules; if a potential winner is unable or unwilling to accept the prize as stated; or if the potential winner cannot be verified as eligible for any reason at any time before, during, or after the Promotion Period; the winner is then disqualified and forfeits the prize and an alternate potential winner will be selected from among the remaining eligible entries.
In the event that an Entrant is disqualified for any reason, the foregoing process will be repeated until the prize is awarded or until three attempts have been made to award the prize and each attempt has failed. If any winner is awarded a prize, a winners list may be obtained by printing the requestor’s name, address, city, state or province/territory and zip or postal code on a 3×5″ postcard and mailing it to 1st Financial Bank USA, 363 W. Anchor Dr., Dakota Dunes, SD 57049. Limit one request per person, per household. Odds of winning the prize depend on the number of eligible entries received.
8. Limitations of Liability. By entering or participating in this Promotion or any prize in any way, each Entrant agrees to indemnify, defend, and hold harmless, and thereby does release and discharge Sponsor, Content Hosts, and each of their respective subsidiaries, affiliates, vendors, advertising or promotional agencies and distributors, and each of their respective parent companies and each such company’s officers, directors, employees and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such individual (collectively, the “Released Parties”) from and against any loss, damage, injury, claim, or cause of action related in any way whatsoever to this Promotion, these Official Rules, or the rights, consents and licenses granted to Sponsor under these Official Rules, including, but not limited to, infringement of any right of publicity or intellectual property; threatened or actual injury, loss or damage to any person, including death and disability; defamation or portrayal in a false light (intentional and unintentional); invasion of privacy; and damage to or loss of property, arising out of such Entrant’s participation in the Promotion or receipt or use, non-use or misuse of any prize. In no event will Released Parties be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of this Promotion. (Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. Check local laws for restrictions regarding these limitations or exclusions.) Entrants waive any right to claim ambiguity in these Official Rules. The Released Parties are not responsible for: (1) technical failures of any kind; (2) incorrect or inaccurate information, whether caused by Entrants, any internet or email service provider, any promotional or advertising agency, printing or computing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error that may occur in the administration of the Promotion, the processing of entries or the announcement of the winner and prize; (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, by Entrant’s participation in the Promotion; (6) the receipt, use or misuse of any prize; or (7) any other errors in any materials, information or announcements associated with the Promotion. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted by Sponsor, Entrant’s sole remedy is another entry in the Promotion, subject to availability and provided that the Promotion has not then expired. EACH ENTRANT WAIVES CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES), WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” EACH ENTRANT REPRESENTS AND WARRANTS FULL UNDERSTANDING OF, AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF, WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES).
9. LICENSE FROM ENTRANT. To the extent allowed by law, participation in the Promotion in any way and/or acceptance of, or participation in, any prize constitutes each Entrant’s irrevocable consent for, and grant of a non-exclusive, sub-licensable and assignable license to Sponsor to use, publish, post, or display Entrant’s name, likeness, photograph, video, voice, opinions, statements, prize information, biographical information, and/or hometown and state, province, or territory, regardless of whether altered, modified, distorted, edited, or used alone or with other material, in Sponsor’s sole discretion, for promotional, advertising, trade, and publicity purposes in any medium now known or later discovered, worldwide and in perpetuity, without review or approval by Entrant, and without further notice, payment, or consideration of any kind to Entrant. To the extent allowed by law, participation in the Promotion in any way and/or acceptance of, or participation in, any prize constitutes each Entrant’s representation and warranty that he or she has obtained the prior consent of the person(s) appearing in the photograph, video or likeness submitted by such Entrant to provide such photograph, video or likeness to be used, published or posted for the same purposes specified in the prior sentence. All rights, consents and licenses granted to Sponsor and representations and warranties made by each Entrant under these Official Rules will survive the termination of this Promotion. Entrant’s consent and license may only be revoked in writing, and the mere ending of this Promotion or Promotion Period is not sufficient to revoke such consent or license.
10. Right to Modify or Cancel. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event any provision is found invalid or unenforceable, these Official Rules will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included. Sponsor’s failure to enforce any term of these Official Rules does not constitute a waiver of that provision. Sponsor may cancel, suspend and/or modify the Promotion or any part of it, in any way, if Sponsor determines in its sole discretion that the Promotion is not capable of executing as Sponsor intended, or that any mistake, clerical, or typographical error, omission, fraud, technical failure, tampering, computer virus, or other factor, technical or otherwise, beyond Sponsor’s reasonable control, impairs or may impair Sponsor’s ability to properly conduct the Promotion, subject to any applicable law or regulation. In such event, Sponsor may, but is not obligated to, award any applicable prize(s) by conducting a random drawing from among the eligible entries received up to the time of the cancellation, suspension, or modification of the Promotion. Inclusion in such random drawing is Entrant’s exclusive remedy under such circumstances. In the event of an inconsistency between these Official Rules and any disclosure or other statement contained in any Promotion-related materials, including, but not limited to, a Promotion entry form or any point-of-sale, radio, television, print, or online advertising, these Official Rules will prevail and govern.
11. Disputes. Except where prohibited by law, Entrant agrees that: (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, and exclusively by the appropriate federal or state court; and (2) all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights or obligations of Entrant or Sponsor in connection with the Promotion, are governed by and construed in accordance with the laws of the State of South Dakota, without giving effect to any choice of law or conflict of law rules, no matter what jurisdiction, that would cause the application of the laws of any jurisdiction other than as stated.