Official Rules
NO PURCHASE NECESSARY. PURCHASES WILL NOT INCREASE YOUR CHANCES OF WINNING.
SPONSOR: The Black-Owned Small Business promotion (the “Contest”) is sponsored by Guava Lending Inc. (“Guava” or “Sponsor”), subject to the terms and conditions set forth in these official rules (the “Official Rules”).
THE CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, INC., INSTAGRAM, INC., YOUTUBE, INC., TWITTER, INC., OR LINKEDIN CORPORATION, EVEN THOUGH SPONSOR MAY PROMOTE AND ADVERTISE THIS CONTEST USING SERVICES PROVIDED BY ANY OF THE FOREGOING PLATFORMS.
ELIGIBILITY: No purchase is necessary to enter or win the Contest. This Contest is open to legal residents of the United States only. This Contest is void where prohibited by law. You must be 18 years or older at the time of entry, and you must possess a valid form of identification. Employees of Sponsor and its affiliates, and their immediate family members (parents, spouses, children, siblings, or grandparents), are NOT eligible to participate in the Contest.
HOW TO ENTER:
There are two ways to enter this Contest. The primary method is by opening a business checking account with Guava, and then filling out the application at https://www.joinguava.com/contest (the “Application”). To open a business checking account, visit https://www.joinguava.com. Your eligibility to open a business checking account with Guava, and the terms and conditions of holding and using your business checking account, and of using and accessing the Guava platform and services, are governed by Guava’s Terms of Use (found at https://www.joinguava.com/legal/terms-of-use), which are hereby incorporated into and made a part of these Official Rules (the “Terms of Use”). If any provision of the Terms of Use conflicts with these Official Rules, these Official Rules shall govern and prevail with respect to this Contest only, and only to the extent of such conflict
Alternative Method of Entry: Those who have not opened a business checking account with Guava may enter by filling out the Application directly https://www.joinguava.com/contest (the “AMOE”).
For all entrants, whether holders of a Guava business checking account or otherwise, the Application requires, among other things, that you submit a video (up to one (1) minute in length) describing yourself, your small business, and a compelling reason for wanting the Prize (as defined below) (the “Video”). The Video must (i) provide a clear, compelling business story, and (ii) clearly state the entrant’s intended use of the Prize in the course of its business (the “Submission Criteria”).
Entry is limited to one (1) entry per small business. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules, or by having multiple individuals apply on behalf of the same small business. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility. You must provide all of the information requested in the application. Entries that are incomplete or do not adhere to the application’s specifications or these Official Rules may be disqualified at Sponsor’s sole discretion.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, communication transmissions, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device relating to or resulting from participation in this Contest or downloading any materials in this Contest. Cellphone carriers may charge for data usage for entering the Contest using a mobile phone.
TIMING: Contest begins at 12:00 a.m. Eastern Standard Time on November 30, 2022 and ends at 11:59 p.m. Eastern Standard Time on December 31, 2022 (the “Entry Period”). No entries will be accepted after 11:59 p.m. Eastern Standard Time on December 31, 2022.
HOW TO WIN: Sponsor will review all Applications and select those Applications that meet the Submission Criteria. Sponsor may determine that an Application is disqualified based on a failure to comply with these Official Rules, or if the Application in Sponsor’s sole, reasonable discretion does not meet the Submission Criteria.
All Videos that pass Sponsor’s initial review will be publicly posted to https://app.viralsweep.com/contest/embed/afab2d-125423?framed=1. Over the course of two (2) weeks following the expiration of the Entry Period (the “Voting Period”), members of the public will have an opportunity to vote on their favorite Video entries. Anyone with access to our voting site via the Internet will have an opportunity to vote. Individuals are only permitted one (1) vote per person.
Following the Voting Period, Guava’s panel of judges will review the Videos with the highest number of votes, and will choose five (5) winners based on how well, in Guava’s sole discretion, the Applications meet the Submission Criteria.
For clarity, earning the most votes does not necessarily guarantee that the Video will be selected as a Prize winner. The winners will ultimately be chosen at Guava’s sole, reasonable discretion, and number of votes will be one factor out of several that Guava’s judges will use to evaluate Applications.
ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNERS (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN THE WINNER’S DISQUALIFICATION AS A WINNER OF THE CONTEST, AND GUAVA MAY CHOOSE AN ALTERNATE WINNER IN ITS SOLE DISCRETION.
PRIZES AND ODDS: Each of the five (5) winners shall be awarded One Thousand U.S. Dollars ($1,000) (the “Prize”).
Odds of winning the Prize will depend upon the number of eligible entries received.
After each winner returns to Guava all executed waiver and release, tax, and other required documentation as requested by Guava, Guava will remit the Prize to such winner either via direct deposit into the winners’ Guava business checking account or, if the winner entered the Contest via AMOE, in the form of a check mailed to the winner’s mailing address on file. The Prize is nontransferable and must be accepted as awarded. No substitutions or transfer of the Prize are permitted, except at the sole discretion of Sponsor, who reserves the right to substitute the Prize with one of comparable or greater value.
THE PRIZE WILL BE 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. FOR AVOIDANCE OF DOUBT, SPONSOR EXPRESSLY DISCLAIMS ANY LIABILITY FOR INJURIES, DAMAGES, LOSSES, AND/OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST, THE PRIZE, OR THE WINNER’S USE OR ENJOYMENT OF THE PRIZE.
UNDER NO CIRCUMSTANCES SHALL SPONSOR OR ANY OF ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR THE WINNER’S EXPENSES, INCLUDING, WITHOUT LIMITATION, TAX OBLIGATIONS, OR ANY OTHER OBLIGATION OF THE WINNER. SPONSOR’S LIABILITY SHALL BE LIMITED SOLELY TO PROVIDING THE PRIZE HEREUNDER IN ACCORDANCE WITH THESE OFFICIAL RULES.
NOTIFICATION, RESPONSE REQUIREMENTS: Selection of the winners will be made no later than six (6) weeks following the end of the Contest. Sponsor will notify the winners via email or in person within approximately one (1) week of the winners being chosen. Within forty-eight (48) hours of notification by email or in person, the winners must complete, execute, and return to Sponsor any tax forms, affidavits, waivers, releases, indemnity agreements, lease agreements, and/or any additional documents required by Sponsor in Sponsor’s sole discretion and/or required by applicable tax authorities. Failure to comply with the requirements of this paragraph may result in disqualification and in the forfeiture of any right to the Prize.
TAXES: The winners will be solely responsible for all taxes (federal, state, and local) related to acceptance and use of the Prize..
RELEASE: By participating in the Contest and/or accepting the Prize, a participant/winner agrees to defend, release and hold harmless Sponsor, its affiliates, and its and their respective officers, directors, shareholders, employees, representatives and agents (collectively “Releasees”) from and against any actions, claims and/or liability for injury, loss or damage of any kind, (including the violation or infringement of any proprietary or personal right of any individual or entity) resulting in whole or in part, directly or indirectly, from participation in the Contest, and/or the use, acceptance, or possession of the Prize, and/or participation in a Prize-related activity, including any action, claim or liability arising from the unauthorized submission of any information.
By participating in the Contest and/or accepting the Prize, a participant/winner hereby consents to and gives Sponsor the right to use, publish, and display the winner’s (and where applicable a participant’s) full name, voice, likeness, image, portrait, city and state, statements about the Contest, biographical information, and any other information or materials contained in such person’s Application (including, without limitation, the Video), for advertising, trade, publicity and/or promotional purposes, in any media now known or hereafter discovered, worldwide, and on the internet, without review, notification or approval, all without additional consideration, except as prohibited by law. For avoidance of doubt, this means that by entering the Contest, you hereby grant to Sponsor an unlimited, irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license to use, reproduce, modify, publicly perform, publicly display, disseminate, distribute, create derivative works from, and otherwise exploit your Application, including your Video, in whole or in part, for any lawful purpose, including, without limitation, in marketing and promotional materials for Sponsor, on Sponsor’s website(s), social media page(s), and in any other media now known or hereafter invented or discovered, worldwide, and on the internet, without review, notification or approval, all without additional consideration, except as prohibited by law.
Participants agree that by participating in the Contest they hereby release the Releasees from any liability in connection with: (a) entries that are ineligible as a result of being lost, late, illegible, damaged, incomplete, stolen, misdirected, or in violation of these Official Rules; (b) any typographical or other human or technical errors in the offer or administration of the Contest, including but not limited to errors in advertising, these Official Rules, the selection and announcement of the winners, or the distribution/awarding of the Prize; (c) any omission, interruption, deletion, defect, delay, misdirection, damage, injury, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, or any combination thereof.
REPRESENTATIONS AND WARRANTIES: By entering this Contest, you represent and warrant that your Application (including your Video):
If your Application or any portion thereof infringes upon the intellectual property right of another or otherwise violates any of the above representations and warranties, you will be disqualified at the sole discretion of Sponsor. If the content of your Application is claimed to constitute infringement, misappropriation, or violation of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless the Releasees from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which the Releasees may incur, suffer, or be required to pay arising out of any such infringement or suspected infringement of any third party’s right or any other violation of the above representations and warranties.
PRIVACY POLICY: Information submitted with an application is subject to the Privacy Policy stated on Sponsor’s website (https://www.joinguava.com/legal/privacy-policy).
MAILING LIST: By entering this Contest, you agree to receive newsletters and other promotional material from Sponsor. You may update your newsletter subscription preferences, and may opt-out of marketing emails altogether, upon receipt of any newsletter email from Sponsor.
LAW: All federal, state, provincial and local laws and regulations apply. Void where prohibited by law. By entering the Contest, participants agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. All personal information entrants submit will be handled in accordance with the laws of the United States. Entrants who do not comply with these Official Rules, or attempt to interfere with the Contest in any way, shall be disqualified. 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 Releasees in connection with the Contest will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Entrants hereby consent to exclusive jurisdiction and venue of the courts located in New York County, New York in any action to enforce (or otherwise relating to) these Official Rules or relating to this Contest.
GENERAL: Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify entrants who violate these Official Rules or interfere with this Contest in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant’s eligibility to participate in the Contest. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend part or all of this Contest at any time without notice and for any reason, including if in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness, or integrity and proper play of the Contest.