Competition Terms

PROMOTION RULES, TERMS AND CONDITIONS

Official Rules, Terms, and Conditions (US) (“Official Rules”)

By accessing or enrolling in this Promotion (as defined below), you signify that you have read, understood, and agree to be bound by the Official Rules.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION.

Description of the Giveaway

  1. Zilch USA, Inc. (“ZILCH”, “we”, “our” or “us”), from time to time, may offer a Promotion (the “Promotion”) as advertised on our social media channels, and to which these Official Rules will apply. During such Promotion, ZILCH will randomly select a number of eligible entrants as winners to receive one gift card as specified within the applicable Promotion post. The Promotion will run from the date and time that the Promotion begins as specified in the applicable Promotion post (or the date and time that the applicable Promotion post itself is posted if no beginning time is specified) until the date and time that the Promotion ends as specified in the applicable Promotion post (the “Promotion Period”). Entries must be received within the respective day(s) of the Promotion Period as specified within the Promotion post. Odds of winning are based upon the number of entrants for the Promotion, and the number of gift cards made available. Additional terms governing the Promotion may be disclosed to you during your sign-up or in other materials provided to you, which are incorporated into these Official Rules.
  2. Eligibility – Our Promotion is open to all USA residents, that are aged 18 years or over, and have reached the age of majority in their state of residence at the time of entry. ZILCH employees and their families, agents or any third party directly associated with administration of the prize draw are not eligible to participate.

How to Enter

  1. There are two ways to enter the Promotion.

Method One:

    1. Follow our Instagram Account (@zilch.usa);
    2. Like or save our Instagram Promotion post during the promotion period; and
    3. Tag any number of friends in a comment on our Instagram Promotion post during the Promotion Period

Method Two:

Submit a written request in compliance with this paragraph. You must handprint and complete the following on the front of a card or paper: your name, address, city, state, zip, e-mail address, and telephone number and mail it to: Zilch USA, Inc.; Attn: Promotion; 78 SW 8th Street, 8th Floor, Miami, Florida 33130. Mail-in entries must include all requested information herein. Mail-in entries must be postmarked by and received by the date of respective day of the Promotion. Mailed entries received without a name, address, city, state, zip, e-mail address, and/or telephone number will be deemed incomplete and invalid. Requests for confirmation of receipt of mail-in entries will not be acknowledged. No photocopies, facsimiles or reproductions of mail-in entry will be accepted. We are not responsible for late, lost, damaged, stolen, incomplete, illegible, postage due, or misdirected entries. Proof of mailing does not constitute proof of delivery.

  1. No purchase or payment of any kind is necessary to participate in the Promotion.
  2. Entries that, in ZILCH’s sole discretion, appear to be fraudulent, duplicative, generated by a bot, or are otherwise created in a way designed to obtain an unfair advantage in the Promotion may be disqualified.  Zilch may temporarily or permanently disqualify you from participating in this Promotion and/or adjust or cause to be forfeited any or all Promotion rights accrued as a result of your abusive behavior, fraud, misrepresentation, any violation of law or any other violation of any of the terms or conditions of these Official Rules, as determined by Zilch in its sole discretion.

General Rules and Information

  1. ZILCH is not responsible for any technical failures, malfunctions, problems with or damage to equipment (including but not limited to wireless devices, websites, wireless networks, servers, computer hardware, or software) during the Promotion or as a result of you participating in the Promotion. Additionally, by participating in the Promotion, participants agree to release, discharge and hold harmless ZILCH from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of prizes.
  2. ZILCH will contact each winner via Instagram Direct Message (“DM”) on the day following the respective random selection. The random selection(s) will occur within twenty-six (26) hours of the close of Promotion for that day. We assume no responsibility for undeliverable DMs. Selected winners may be required to provide a postal address, email address and contact number to claim their prize. A winner is subject to verification by Zilch, whose decisions are final and binding. Any entrant is not a winner until after such entrant’s eligibility and compliance with all requirements to claim a prize have been verified and fulfilled, and the entrant has been notified that verification is complete. If a selected winner does not respond to ZILCH within 5 days of being notified by us, then the winner’s prize may be forfeited without any additional notification. If a prize is forfeited as provided above, Zilch may randomly select another winner. Upon prize forfeiture or inability to use a prize or portion thereof, no compensation will be given, and Zilch will have no further obligation to that participant.
  3. We will also announce the winners via Instagram Stories. You consent to our announcement, including the inclusion of your Instagram username, via Instagram Stories.
  4. If you violate these Official Rules, you may not participate in the Promotion and Zilch will be excused from performance under these Official Rules. Promotions are limited time offers. Promotions are not available in areas where Zilch does not offer its services.
  5. All federal, state, local, and other taxes on prizes are the sole responsibility of the applicable winner. For the avoidance of doubt, you are solely responsible for reporting and paying any and all applicable taxes related to the prize. Each winner will be subject to an onboarding verification process and is required to provide any requested tax reporting information before any prize is awarded including name, address, phone numbers, taxpayer identification number and other information reasonably requested by Zilch. The value of any prize awarded to a winner will be reported for tax purposes as required by law. Any person receiving at least six hundred dollars from the Zilch will receive an IRS Form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS. You are required to notify Zilch if any information provided hereunder changes, including the winner’s address.
  6. Entrants grant ZILCH the right to use and publish online their proper name, Instagram username, and place of residence and to allow such information to be made available to any person requesting same in connection with the Promotion in the instance that such entrant is randomly selected as a winner. ZILCH may disclose personal information of entrants to suppliers and affiliates in order to administer or otherwise run the Promotion. All personal information will be handled in accordance with the ZILCH’s Privacy Policy, which is available here: https://www.zilch.com/us/privacy-policy/
  7. The prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered.
  8. Participants upon entry into the Promotion are deemed to have unconditionally accepted and agreed to be bound by, and abide by, these Official Rules. We reserve the right to refuse entry or refuse to award any prize to anyone in breach of these terms and conditions.
  9. ZILCH reserves the right to hold void, cancel, suspend, or amend the Promotion in its sole discretion at any time. If this Promotion is so cancelled or modified, Zilch may, but shall not be required to award a prize from among all eligible entries received prior to such action and Zilch shall have no further obligation to any participant in connection with this Promotion. Zilch may also in its sole discretion change, amend or modify these Official Rules at any time without prior notice for any reason or no reason (subject to any notice requirements under applicable law). By continuing to participate in the Promotion, you consent to all such changes and that they will apply to you and this Promotion. Unless otherwise prohibited by law, all interpretations of these Official Terms will be determined by Zilch in its sole discretion. This Promotion is void where prohibited by law. You understand that Zilch may revoke your participation in this Promotion at any time. Your participation in any Promotion is entirely voluntary and it is agreed and understood that the participation shall be deemed to have been made on a voluntary basis.
  10. The Promotion is not sponsored by, endorsed by, administered by, associated with, Instagram, Facebook, Twitter, and/or any other Social Media company (“Social Media Companies”). Additionally, no Social Media Company has liability relative to the Promotion.
  11. Zilch shall not be responsible for resolving any conflicting claims to this Promotion. In the event that all or part of this Promotion is found to be in violation of applicable law, Zilch shall have no obligation to provide this Promotion to you found to be in violation of that applicable law. Prize details and Promotion rules not specifically stated in these Official Rules will be determined in Zilch’s sole discretion.
  12. If Zilch improperly denies your prize or eligibility for this Promotion to which you were otherwise entitled, then your exclusive remedy will be the participation in and redemption of this Promotion, if available, or such other alternative benefit as Zilch, in its sole discretion, may determine. Neither Zilch nor any of its affiliates, agents or representatives have any other or additional liability to you or any other person for such error(s), subject to applicable law.
  13. Notwithstanding any other provision of these Official Terms and subject to the immediately preceding paragraph, in no event will Zilch or any of its respective affiliates, successors or agents be responsible or liable to you, or anyone claiming through you or on your behalf, for claims, damages or liability arising out of participation in this Promotion or related to this Promotion, other than such claims, damages or liability directly caused specifically by our gross negligence or willful misconduct, for any indirect, special, exemplary, punitive or consequential damages, including without limitation lost revenue, lost profits, or lost opportunity, arising out of or relating to any of the acts or omissions of Zilch or its service providers or any of their respective affiliates or agents, or otherwise in connection with or relating to this Promotion or its administration, even if we have been made aware of the possibility of such damages. In addition, Zilch makes no warranty or representation either expressed or implied, and expressly disclaim any and all liability and damages with respect to type, quality or fitness for use of goods or services provided through or in connection with this Promotion or the terms herein or otherwise obtained by you in connection with this Promotion. Notwithstanding anything to the contrary, Zilch’s maximum aggregate liability to you for all claims arising out of or relating to these Official Terms or to this Promotion shall not exceed the lesser of (i) the amount paid by you to Zilch over the prior two months in connection with this Promotion, and (ii) $10.
  14. These Official Rules constitute the entire agreement between you and us with respect to the subject matter of these Official Rules, and supersede all prior agreements or representations, written or oral, concerning such subject matter. . If any provision of these Official Rules is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
  15. For the name of the winner, send a stamped and self-addressed envelope for receipt no later than thirty (30) days after the Promotion Period ends. We will not be obligated to share a winner’s name or information, unless permitted by law.

Zilch USA, Inc.

Attn: Promotion

78 SW 8th Street, 8th Floor

Miami, Florida 33130

Governing Law

  1. The Promotion and the rights and obligations of ZILCH and entrants will be governed by and controlled by the laws of the State of Delaware, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Official Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). All actions, proceedings, or litigation relating hereto will be instituted and prosecuted, without resort to any form of class action, solely within the state courts of Delaware and federal courts located within such state and county with respect to any action, dispute, or other matter pertaining to or arising out of the Promotion.
  2. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ZILCH. For any dispute with Zilch, you agree to first contact us at [INSERT] and attempt to resolve the dispute with us informally. In the unlikely event that Zilch has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Official Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Delaware, unless you and Zilch agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Zilch from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
  3. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING . THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ZILCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.