For sweepstakes starting on or after 12/1/2021
From time-to-time SMI Card Services, LLC (“SMI”), will offer, host, administer, and/or otherwise sponsor, periodic sweepstakes (each, a “Sweepstakes”) as part of its program PayPerks® for smiONE™(“PayPerks for smiONE”) for certain cardholders of The Platinum smiONE™ Visa®Prepaid Card, smiONE™ Visa® Prepaid Card, or smiONE™ Circle Visa® Prepaid Card (individually a “smiONE card,” collectively “smiONE cards”). PayPerks for smiONE is accessible inside the online account for the smiONE™ Visa® Prepaid Card (the “Account”) located at https://www.smionecard.com/ or through the mobile application available for use on Apple or Android mobile phones for the smiONE™ Visa® Prepaid Card (collectively the “PayPerks for smiONE Sites”).
A list of all pending and upcoming Sweepstakes is located on the “Sweepstakes Listing” page. Each Sweepstakes will have its own start date (“Earning Start Date”) and end date (“Earning End Date”) (each such period for a Sweepstakes, the “Earning Period”), and Prizes, as specified for each such Sweepstakes on the Sweepstakes Listing Page. Each Sweepstakes is subject to and governed by these General Terms and Conditions and the additional specific terms and conditions for each such Sweepstakes as set forth on the Sweepstakes Listing Page (collectively, these “Official Rules”). All entries and participation in each Sweepstakes are subject to the Terms of Use and Privacy Policy for the smiONEcard.
There are two (2) methods of entry:
i. Automatic Entry After Turning Rewards On. During any individual Earning Period, you can enter the Sweepstakes on the PayPerks for smiONE site by indicating that you want to opt in. smiONE cardholders can login to the free Account at www.smionecard.com or through the smiONE mobile app and click on the link to PayPerks in navigation menu. Once you have entered the PayPerks for smiONE portion of the website or app, you can enter the Sweepstakes by switching the Opt In toggle to “Rewards: ON.”
Once you have elected to opt-in, all of your PayPerks for smiONE points (“Points”) (up to the applicable maximum number of entries specified for the applicable Sweepstakes) in your Account at the time you elected to opt-in to the Sweepstakes, plus any additional Points you earn during the applicable Earning Period (up to the applicable maximum number of entries specified for the applicable Sweepstakes), will automatically be entered in the first Sweepstakes available. For each subsequent Sweepstakes available, all of the Points you earned in the applicable Earning Period will automatically be entered in each such Sweepstakes. Points may also be called “chances to win” on the PayPerks for smiONE Sites, and each Point or “chance to win” is equal to one entry (“Entry”) in the applicable Sweepstakes.
PayPerks for smiONE users may earn Points by performing any number of the activities specified on the “Ways to Earn Points” page. You can access this page by navigating to PayPerks in the smiONE mobile app or website, and pressing the gear icon on the top right of the PayPerks menu. From here, if you are already opted-in to the Sweepstakes, then click the link “See All Ways to Earn.” If you are not opted-in to the Sweepstakes, then first click the link “Upcoming Drawings and Prizes”, and then the link “See All Ways to Earn.”
To opt-out of the Sweepstakes, simply visit the “Opt-in” page and move the slider to the “Rewards: OFF” position. When your setting is set to “Off,” you will not be entered into any Sweepstakes. In the event that you elect to opt-out of the Sweepstakes, the Points you have accrued up until the time you opt-out and any future Points you will earn by partaking in any Ways to Earn Activities will NOT be entered into any Sweepstakes, unless and until you re-enter the Sweepstakes by changing your opt-insetting to “Rewards: ON.”
ii. Alternative Method of Entry. To enter a Sweepstakes during the applicable Earning Period without performing the activities described on the “Ways to Earn Points” page, cardholders may navigate to the “Alternative Method of Entry” page which is linked to at the bottom of the “Ways to Earn Points” page. Then follow the instructions and submit the required information specified on the Alternative Method of Entry Page. To do so you must first create an Account for your Card by following the instructions at https://www.smionecard.com. Each entry in a Sweepstakes submitted through the Alternative Method of Entry will be equal to the number of entries specified on the Alternative Method of Entry Page for such Sweepstakes, and such entries may only be submitted in accordance with the time periods listed on the Alternative Method of Entry Page.
The maximum number of total Entries, regardless of entry method, per person for each Sweepstakes, will be set forth on the Sweepstakes Listing Page.
All entries for an applicable Sweepstakes must be received by the applicable Earning End Date. Participation in each Sweepstakes is voluntary and does not require you to purchase anything from SMI. No illegible, incomplete, forged or altered entries will be accepted.
Each Sweepstakes is open only to smiONE™ Visa® Prepaid Card cardholders who (a) are legal residents of the fifty (50) United States (or the District of Columbia); and (b) are at least eighteen (18) years of age at the time of entry (unless a different age, residency, or eligibility requirement is specified in the details governing any individual Sweepstakes).
In addition, Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in a Sweepstakes, each entrant (“Entrant”) accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of SMI made in SMI’s sole discretion, and warrants that s/he is eligible to participate in each such Sweepstakes. Employees, independent contractors, officers, and directors of SMI and its affiliates, subsidiaries, partners, advertising, Sweepstakes, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in any Sweepstakes. If you believe you have been incorrectly identified as ineligible for any Sweepstakes, please contact payperks.support@smimail.net.
The prize(s) (“Prize”) description(s), total approximate retail value of each Prize(s), and the number of winners to be selected for each Sweepstakes will be set forth on the Sweepstakes Listing Page. Each winner will be solely responsible for all fees and expenses not specifically set forth in these Official Rules. Prize(s) are not nontransferable. No more than the stated number of Prizes will be awarded. SMI reserves the right to substitute the Prize(s), in whole or in part, for Prize(s) of equal or greater value. No other substitution or transfer of Prize(s)permitted. Additional terms and conditions apply to winner’s use and receipt of the Prize(s) as set forth on the Sweepstakes Listing Page for such Sweepstakes, or as may be determined by SMI in its sole discretion. SMI is not responsible for lost or misdelivered mail or prize delivery. SMI is not responsible for any changes of email address and/or mailing address of Entrants. All federal, state, and local taxes are the sole responsibility of each winner.
Following each Earning End Date, the winner(s) for the applicable Sweepstakes will be randomly selected by SMI or its designee from all eligible entries received during the Earning Period for such Sweepstakes. All Prizes will be awarded in descending order of value to the corresponding winners based on the order such winners are selected (e.g., first Entrant selected as winner will be the potential winner of the most valuable Prize). Odds of winning a particular Prize depend on the number of Entrants participating in the particular Sweepstakes, and the number of eligible Entries received by the Earning End Date for such Sweepstakes. Maximum of one Prize per person per Sweepstakes.
Winners for each Sweepstakes will be selected no later than thirty(30) days of the Earning End Date for such Sweepstakes. Entrants will be able to determine if they have won a Prize in a given Sweepstakes via the following methods: a) Entrants may see the Prize automatically loaded to their smiONE card; b) Entrants may view their activity history on the PayPerks for smiONESites; or c) Entrants may receive a special pop up notification on PayPerks for smiONE Sites. SMI may not award all Prizes for a given Sweepstakes if the number of eligible Entrants in a Sweepstakes is less than the number of advertised Prizes for such Sweepstakes. Where lawful, by entering the Sweepstakes, winners automatically agree to the Winners release located at the bottom of this page after these Official Rules. SMI will automatically attempt to deliver the Prize to the winner’s smiONE card which must be in good standing and able to be eligible to win the Prize and receive the funds.
Except where prohibited, participation in any Sweepstakes constitutes Entrant’s consent for SMI, applicable Prize providers and the irrespective designees to use Entrant’s first and last name, likeness, Prize information, city and state of residence, and any comments, testimonials or other feedback related to any Prize or Entrant’s Sweepstakes experience, whether written or oral, for winner reporting, administering the Sweepstakes, and related promotional purposes in any media without further consideration.
By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the SMI and/or its designee(s)which are binding and final in all matters relating to this Sweepstakes; (b)release and hold harmless SMI and its agents, prepaid debit card partners, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors(collectively, the “Released Entities”), for all liability arising from or relating to: (i) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due entries; (ii)telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer ore-mail transmissions; (iv) any condition caused by events beyond the control of SMI; (v) any injuries, liability, losses, damages, fees or expenses of any kind arising in connection with or as a result of any Prize, or the acceptance, possession, or use of any Prize, participation in any Sweepstakes, winner’s use, misuse or loss of winner’s prepaid debit card, or any terms, conditions or restrictions applicable to winner’s prepaid debit card; (vi) any printing or typographical errors in any materials associated with any Sweepstakes; (vii) any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of Prize (including any travel or activity related thereto)and/or the broadcast, exploitation or use of Entry. Entrants agree to indemnify, defend and hold harmless the Released Entities from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Sweepstakes and/or Entrant’s acceptance, use or misuse of any Prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant agrees that, by entering the Sweepstakes, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any Prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
SMI reserves the right, in its sole discretion, to suspend, modify or cancel any Sweepstakes or disqualify any entry should any unauthorized human intervention or other causes beyond its or their control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In the event that proper administration of any Sweepstakes is prevented by such causes as contemplated above, SMI or its designees will pick the winners from all eligible, non-suspect entries received prior to such action.
In the event of a dispute regarding the identity of any Entrant, the person associated with the internal cardholder ID given to SMI by the card processor will be considered the Entrant. SMI will rely on the card processor to transmit the Prize to the Card account.
Except where prohibited by law, as a condition of participating in these Sweepstakes, each Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with these Sweepstakes, including but not limited to Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3)judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in these Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OFLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLYTO YOU. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules(whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
Entrants are hereby advised that California Civil Code § 1542provides that: a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
By entering a Sweepstakes, each Entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, hereby waives the benefits of its provisions, with the intent that the releases and waivers of liability in paragraph 7 shall include claims known or unknown, and unknown and unsuspected.
To obtain the name of a Sweepstakes winner(s) after the applicable Earning End Date, send to SMI at the address below a self-addressed, stamped envelope marked “PayPerks Sweepstakes Winners List” and marked with applicable Earning End Date. Requests for winners list must be received no later than 90 days from the applicable Earning Period Date.
SMI Card Services, LLC
smiONE PayPerks Sweeps
PO Box 2489
Carrollton, GA 30112
SMI reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of any Sweepstakes in violation of these Official Rules and/or any law.
Copyright © 2021 SMI Card Services, LLC. All rights reserved. smiONE and the associated logo are trademarks of SMI. Any other trademarks in these Official Rules or on the Sweepstakes Listing Page are used for prize identification purposes only and are the properties of their respective owners.
The Platinum smiONE™ Visa® Prepaid Card is issued by The Bancorp Bank, N.A., pursuant to a license from Visa U.S.A. Inc. The Bancorp Bank, N.A., Member FDIC. Card may be used everywhere Visa debit cards are accepted. This sweepstakes is not sponsored, endorsed or administered by The Bancorp Bank, N.A.
WINNER’S RELEASE
1. I execute this Affidavit of Eligibility/Release and of Liability/Publicity Release of SMI Card Services, LLC (“Sponsor”) on my behalf to establish that I am eligible to participate in the receipt of the prize (“Prize”) in the Sweepstakes described in the Official Rules for PayPerks for smiONE above (the “Sweepstakes”), and to release its respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, officers, employees, agents, assigns, prize suppliers, independent contractors, legal advisors, and advertising and promotion agencies(the “Sweepstakes Entities”), and any entity or person connected with this Sweepstakes from any and all liability.
2. I am a legal resident of the United States.
3. I am 18 years of age or older as of today.
4. I have a valid Social Security Number.
5. I understand that all expenses associated with the Prize including but not limited to federal, state and local sales or other taxes are my responsibility, unless otherwise set forth in the Official Rules. I understand that by entering the Sweepstakes I agree to this Affidavit of Eligibility/Release of Liability/Publicity Release upon entering the Sweepstakes, and acknowledge that in the event that I win a Prize, I will automatically accept the Prize. I agree to execute any additional documents required by suppliers or governmental authorities in connection with the Prize.
6. I agree to return, upon Sponsor’s request, my pro-rata share of the Prize awarded, or, after use, to reimburse the fair market value thereof, if any statement made in this Affidavit of Eligibility/Release of Liability/Publicity Release is false, fraudulent, or deceptive.
7. I understand that the Sweepstakes Entities will not be responsible for any costs which I may incur in connection with this Sweepstakes or the Prize, or portion thereof that I may be awarded or in which I may participate.
8. Unless otherwise prohibited by law or regulation, I agree to allow the Sweepstakes Entities to use my name, visual, audio, actual or simulated likeness, photograph, personal characteristics, biographical data and statements (my “Traits”); to photograph, record, depict, display, fictionalize, modify, reproduce or otherwise exploit in any manner my Traits in their sole discretion, if at all, in whole or in part, including any and all other personal identification, artwork, images, service marks, trade names, logos and copyrights incorporated therein or relating thereto, for and in connection with this Sweepstakes and for advertising, promoting, publicizing, distributing, exhibiting and/or other exploiting thereof, including all ancillary and subsidiary rights therein, in any and all languages, formats and media now known and later devised throughout the universe and in perpetuity. Further, I release the Sweepstakes Entities from all claims, liabilities and obligations whatsoever in connection with their use of my Traits and agree and acknowledge that the Prize and the publicity and exposure received, constitutes valuable, sufficient and complete consideration for the rights granted therein to Sponsor and Sweepstakes Entities, and that there shall be no payment of any monetary compensation. In no event shall I have any right to seek or obtain injunctive or other equitable relief in connection with the use of my Traits or any other production, or the production, distribution, exhibition, advertising, promotion or publicizing thereof.
9. I represent that I am not bound by any contract or agreement with any person or entity that prohibits me from granting use of my likeness that could be used in the manner described above. I represent that no other consents, authorizations or payments are necessary to permit the full use by Sweepstakes Entities of the rights granted herein; I represent that the use or any part thereof, will not violate or infringe upon the trademark, trade name, service mark, copyright, patent, artistic, personal, private, civil or property right, right of privacy, right of publicity and that any other right of any person or entity will not constitute a libel or slander of any person, and that I will indemnify the Sweepstakes Entities from and against, and save and hold each of the foregoing harmless from all claims, all alleged claims, actions, alleged actions, losses, damages, judgments, liabilities, expenses and costs, including reasonable outside attorney’s fees and costs, resulting from any breach or alleged breach of the foregoing representations and warranties.
10. In consideration of my acceptance of the Prize awarded, I do for myself, my next of kin, my heirs, my assigns, executors and administrators, and agents hereby fully release and forever discharge the Sweepstakes Entities from any and all liabilities for any actions, cause of actions, claims, damages, debts, duties, expenses, injuries, liabilities, liens, losses, promises, quality, use or misuse of any kind or nature whatsoever, whether foreseen or unforeseen, now known or unknown, suspected or unsuspected, in any way caused, connected, contributed directly or indirectly with any prize, or any portion and/or parts thereof, as a result of my acceptance, participation in and possession of the Prize, including but not limited to, death, loss of enjoyment, personal injury, or other harm or loss of any nature whatsoever, except such action, claims, and/or damages caused only and directly by the gross negligence of Sweepstakes Entities.
11. If the presentation, award of or the actual fulfillment of the Prize awarded to me, as stated in the Official Rules, is hampered, interrupted or prevented due to an event of force majeure, or otherwise rendered impossible of performance, the fulfillment of the Prize shall be automatically suspended immediately upon, and for the duration of, such event and Sponsor have the right to continue to suspend or terminate the fulfillment of the Prize by notifying me to this effect. In the event the fulfillment of the Prize is so terminated, Sponsor and Sweepstakes Entities shall be relieved of their executory obligations with regard to the award of the Prize or any portion thereof. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; war, riot or civil commotion; terrorism; fire; casualties; utility failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union); an act of any federal, state or local authorities; or any other similar or dissimilar act beyond Sponsor’s and the Sweepstakes Entities’ reasonable control.
12. I acknowledge that Sponsor has made no express or implied representations or warranties with respect to the Prize. Any liability (including but not limited to any liability for death, personal injury or property damage) which may arise out of my acceptance or use of any component of the Prize as Winner lies solely with the providers of any services or the manufacturer of goods comprising the Prize. I further understand and agree that all rights under Section 1542 of the Civil Code of California, or any similar law of any state or jurisdiction that may be applicable, are hereby expressly waived. Said Section 1542 reads as follows: “1542. Certain claims not affected by general release. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
13. I represent and warrant that I have read and understand fully the Official Rules and this Affidavit of Eligibility/Release of Liability/Publicity Release and am familiar with their contents and meaning. I further represent and warrant that I am 18years or older and I have requisite capacity to, and am legally competent to, execute this Affidavit of Eligibility/Release of Liability/Publicity Release. Before executing this Affidavit of Eligibility/Release of Liability/Publicity Release by participating in the Sweepstakes, I acknowledge that I have read and understood the same, I have had an opportunity to consult with legal counsel, and I agree to these terms by participating in the Sweepstakes with full knowledge of its content and meaning.
14. It is understood and agreed that this Affidavit of Eligibility/Release of Liability/Publicity Release will remain in effect in perpetuity, that this is a complete RELEASE and DISCHARGE of all claims and rights of the undersigned against the aforementioned parties to be released, and that no action will betaken by or on behalf of the such Entrant in or Winner of the Sweepstakes with respect to any such rights. It also is understood that this release shall be binding upon the heirs, assigns, legal representatives, executors, and administrators of the Entrants in or Winners of the Sweepstakes.