APOLLO DEBIT CARD SWEEPSTAKES OFFICIAL RULES
(THE “OFFICIAL RULES”)
YOU MUST READ THE OFFICIAL RULES BELOW. YOU HEREBY AGREE TO THESE OFFICIAL RULES BY ENTERING THE SWEEPSTAKES AS PROVIDED BELOW. DO NOT PARTICIPATE IN THE SWEEPSTAKES IF YOU DO NOT AGREE WITH THESE OFFICIAL RULES.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
APPLE, INC. IS NOT A SPONSOR AND IS NOT INVOLVED IN THIS SWEEPSTAKES OR ANY OTHER APOLLO PROMOTION.
BY ENTERING INTO THE SWEEPSTAKES, YOU AGREE THAT YOUR ENTRY AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH THE SWEEPSTAKES WILL BE SHARED WITH THE SPONSOR. SPONSOR’S USE OF YOUR PERSONAL INFORMATION IS SUBJECT TO SPONSOR’S PRIVACY POLCIES AT THE LINK PROVIDED BELOW.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Apollo allows individuals to spend money using their Apollo debit card. Every transaction paid for using the Apollo card earns the individual a chance to win a full share of a randomly selected, publicly traded US Equity.
The Apollo Debit Card Sweepstakes (the “Sweepstakes”) is open only to legal residents of the 50 United States (and the District of Columbia), who are at least eighteen (18) years old at the time of entry (each an “Eligible Entrant”). Void where prohibited. Proof of residency and age is required. Sponsor, its subsidiaries, divisions, affiliates, and advertising or promotional agencies, or individuals involved with the design, production, execution, or distribution of the Sweepstakes, as well as their employees and members of their immediate families and those living in the same household of each are not eligible to enter. In order to enter the Sweepstakes or receive a prize, you must fully comply with these Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state, and local laws. To enter the Sweepstakes with a Debit Card Entry (as defined below), Eligible Entrants must first download and install the Apollo mobile application (“Apollo App”) on a compatible device, successfully create an account with Apollo and Alpaca Securities, LLC (“Alpaca”) (an account with Apollo and Alpaca shall be together referred to as an “Apollo Account”), and remain a good customer in good standing with Apollo and Alpaca throughout the Sweepstakes Period. Prior to entering the Sweepstakes with a Debit Card Entry, Eligible Entrants must apply for, receive, and activate an Apollo Mastercard® Debit Card (“Debit Card”).
Five Money, Inc. (“Apollo” or “Sponsor”). 1540 Market St, Suite #100, San Francisco, CA 94102
The Sweepstakes begins on 4/1/2022 at 12:00 AM Pacific Time (“PT”) and ends on the earlier of reaching the Maximum Prize Payout (as defined below) and 4/30/2022 at 11:59 PM PT (the “Sweepstakes Period”).
4. How to Enter
Eligible Entrants may enter the Sweepstakes one of two ways:
(a) Debit Card Entry. Eligible Entrants may enter the Sweepstakes by using their Debit Card and make Qualifying Purchases (“Debit Card Entry”). A “Qualifying Purchase” is a purchase for goods and services that has been processed and accepted by the Sponsor’s designated merchant processing service provider and has settled in the Eligible Entrant’s Apollo account. A Qualifying Purchase does not include wire or ACH transfers, deposits, or any other transaction that is not a bona fide purchase of goods and services. A Qualifying Purchase may, but not necessarily, includes tips, holds, and deposits related to the Qualifying Purchase. In addition, Sponsor reserves the right to disqualify any Eligible Entrant whose transaction is rescinded, withdrawn, not completed, or otherwise not finalized prior to the Promotion Day (as defined below). Eligible Entrants will receive one (1) Debit Card Entry for every whole one dollar ($1.00) spent on Qualifying Purchases. For illustrative purposes, an Eligible Entrant that spends fifteen dollars forty cents ($15.40) on Qualified Purchases shall be deemed to have entered fifteen (15) Debit Card Entries, which will be eligible to potentially win a prize on the next Promotion Day. Debit Card Entries will be included for each Promotion Day only if the Debit Card Entry was entered on or before 11:59 PM PT the prior day and has not been included in a prior Promotion Day. An Eligible Entrant’s Debit Card and Apollo Account must remain active and in good standing during the Sweepstakes Period and the potential receipt of a prize(s).
(b) Mail-In Entry. An Eligible Entrant may enter the Sweepstakes without a Debit Card Entry and without making a purchase. To enter by mail (a “Mail-In Entry”), an Eligible Entrant must send a piece of paper with Eligible Entrant’s full legal name, home address, phone number, and e-mail address by mail or otherwise, to the attention of Five Money, Inc. at 1540 Market St, Suite #100, San Francisco, CA 94102. Eligible Entrants may submit multiple Mail-In Entries. Each Mail-In Entry must be on a separate piece of paper with the information described above and must be hand-written and original. An Eligible Entrant may only submit one (1) Mail-In Entry per outer mailing envelope. Each outer mailing envelope must include, “Apollo Debit Card Sweepstakes Entry” written on the outer mailing envelope. For winner selection purposes, Mail-In Entries will be deemed entered on the day they are post-marked. Mail-In Entries must be post-marked by the end of the Sweepstakes Period, and received no later than seven days after the close of the Sweepstakes Period.
Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Mail-In Entries all of which will be ineligible to win a prize. In the event of a dispute as to any entrant, the authorized account holder of the e-mail address used to submit the Mail-In Entry will be deemed to be the entrant. A potential winner may be required to show proof of being the authorized account holder to be awarded the prize.
5. Prizes and Odds
(a) Distribution of Prizes and Promotion Day. Debit Card Entries entered before 11:59 PM PT and Mail-In Entries postmarked for a specific day will be eligible to win a prize to be distributed on the next Promotion Day. Prizes will be distributed to potential winners during the Sweepstakes Period at a time determined by the Sponsor after the opening of the New York Stock Exchange (“NYSE”) on each day that the NYSE is open (each such day a “Promotion Day”) Any Debit Card Entry eligible to win a prize on a Promotion Day will thereafter be void and not eligible to win a prize on any subsequent Promotion Day.
(b) Maximum Prize Payout. The maximum retail value of all prizes distributed to potential winners during the Sweepstakes Period is $4,999.99 (the “Maximum Prize Payout”). The Sweepstakes shall end if the Maximum Prize Payout is reached.
(c) Debit Card Entry Prizes and Odds. Each Eligible Entrant who entered the Sweepstakes through a Debit Card Entry will be eligible to potentially win a full share of stock (the “Stock Prize”) on the next Promotion Day, which will be delivered by Alpaca to each potential winner’s brokerage account, subject to the Maximum Prize Payout. Every Debit Card Entry has a 1:2000 chance of winning a Stock Prize and is calculated by an algorithm (random number generator). Stock Prizes are either NYSE or NASDAQ-listed shares in U.S.-based companies with a minimum market capitalization of $1 billion. Stock Prizes are valued between $2.00 - $1,000.00. If an Eligible Entrant wins a Stock Prize, the specific Stock Prize is randomly assigned (as determined by a weighted random number generator algorithm) from share inventory maintained by Alpaca for this Sweepstakes from a group of stocks as described below.
The odds of a potential winner to receive a specific value of Stock Prizes are as follows, subject to the Maximum Prize Payout:
(i) Stock Prize valued at $2.00 - $5.00 per share have approximately 1:1.02 odds;
(ii) Stock Prize valued at $5.01 - $50.00 per share have approximately 1:100 odds;
(iii) Stock Prize valued at $50.01 - $100.00 per share have approximately 1:200 odds;
(iv) Stock Prize valued at $100.01 - $150.00 per share have approximately 1:400 odds;
(v) Stock Prize valued at $151.01 - $300.00 per share have approximately 1:1000 odds;
(vi) Stock Prize valued at $300.01 - $500.00 per share have approximately 1:1000 odds; and
(vii) Stock Prize valued at $500.01 - $1,000.00 per share have approximately 1:2000 odds.
(d) Mail-In Entry Prizes and Odds. Mail-In Entries will be selected based on equal (or better) odds that applied to the Debit Card Entries for each Promotion Day. For potential Mail-In Entry winners, Sponsor will first allocate Mail-In Entries by their designated Promotion Days, which will be determined by the postmark date or, if so designated on the Mail-In Entry, a particular Sunday or holiday during the Sweepstakes Period. Each Mail-In Entry will have 1:2000 odds to win a prize, which will be the approximate retail value of a Stock Prize, subject to the Maximum Prize Payout (“Mail-In Prize”). The value of the Mail-In Prize will follow the same calculation as stated above for Stock Prizes.
Prizes awarded to Mail-In Entry winners will be awarded in the form of checks mailed to the mailing address provided by winner in connection with the Mail-In Entry. No substitution, assignment or transfer of the prize is permitted, except by Sponsor, which has the right to substitute the Mail-In Prize with another of comparable or greater value. Sponsor will not replace a lost or stolen prizes. Each winner is responsible for all taxes and fees associated with the receipt and/or use of the prize. All properly claimed prizes will be awarded, but in no event will more than the stated number of prizes be awarded. If production, technical, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER AND OTHER MATTERS RELATED TO THE SWEEPSTAKES. AN ELIGIBLE ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE APOLLO APP SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING SELECTIONS HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY POTENTIAL WINNER NOTIFICATION THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE, IS VOID, AND WILL NOT BE HONORED.
7. Verification of Potential Winner
Potential winners will be notified via the Apollo mobile application (“Apollo App”) or using the e-mail address or phone number provided with the Mail-In Entry or on file with the Sponsor. Failure by potential winners to respond to the initial verification within two (2) days of notification will result in disqualification. Potential winners may be required to complete and return an affidavit of eligibility, provide identification, release of liability and publicity release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential winner may be selected. In the event: (a) potential winners cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) a potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) a potential winner is found to be ineligible to enter the Sweepstakes or receive the prize; (e) a potential winner cannot or does not comply with the Official Rules; or (f) a potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate potential winner, if any. All potential winners who have entered the Sweepstakes with a Debit Card Entry must maintain their status as a customer in good standing with Apollo and Alpaca. Any breach of either Apollo or Alpaca’s customer agreement or terms of service will disqualify an Eligible Entrant from winning a prize. Apollo’s customer agreement and terms of service may be accessed through the Apollo App. Alpaca’s customer agreement and terms of service may be accessed by visiting https://alpaca.markets.
Receiving a Stock Prize involves an investment, subject to gain or loss. The number of Stock Prizes awarded to a potential winner may lose value, and any lost value will not be reimbursed or replaced by the Sponsor. In order to receive any value from a Stock Prize, the potential winner will need to sell the share(s) received, which will likely have tax implications. The Sponsor will not provide any reimbursement or compensation for tax consequences. The Sponsor and Alpaca’s facilitation and/or delivery of the Stock Prize do not constitute a recommendation, advice, solicitation, or any other form of investment advice. Participation in the Sweepstakes does not constitute a solicitation of a security or a recommendation to buy, sell, or hold any given security. This is not an offer or solicitation in any jurisdiction where Sponsor and/or Alpaca is not authorized to do business. Participating in the Sweepstakes involves risk and the past performance of a security or financial product does not guarantee future results or returns. There is always the potential of losing money when you invest in securities, or other financial products. Entrants should consider their investment objectives and risks carefully before participating in the Sweepstakes. Diversification may help spread risk; however, it does not assure a profit or protect against loss in a down market. You are solely responsible for any profits or losses you may realize, as well as any tax liability. You should speak with your financial and tax advisors prior to participating in the Sweepstakes.
9. Entry Conditions and Release
Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which is binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor and their respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against 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 a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry.
Except where prohibited or restricted by law, a potential winner’s acceptance of prize constitutes the a potential winner’s agreement and consent for Sponsor and any of their designees to use and/or publish a potential winner’s entry, name, city and state of residence, and/or statements made by a potential winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
11. General Conditions
Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date.
12. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of each prize will be awarded.
13. Binding Arbitration
Notwithstanding anything to the contrary in your other agreement(s) with the Released Parties, in the event of a dispute arising under or relating to these Official Rules (each, a “Dispute”), either you or the Released Parties (each a “Party”) may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other Party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS (formerly known as Judicial Arbitration & Mediation Services) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each Party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the State of California. The Parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The Parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.
14. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between the Released Parties and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE RELEASED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
16. Sweepstakes Results
For Sweepstakes results, send a written request to Winners List – Five Money, Inc. 1540 Market St, Suite #100, San Francisco, CA 94102 Requests for the Winners List must be received within 60 days of the end of the Sweepstakes Period.