SUPER+ WEEKLY GIVEAWAY
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE ELIGIBILITY AREA AND WHERE PROHIBITED BY LAW.
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TO BE ELIGIBLE TO PARTICIPATE AND WIN A PRIZE (AS THAT TERM IS DEFINED BELOW), YOU MUST LIVE IN ONE OF THE 50 UNITED STATES OF AMERICA OR THE DISTRICT OF COLUMBIA AND MUST SATISFY THE OTHER ELIGIBILITY REQUIREMENTS SET FORTH BELOW.
YOUR ENTRY IN THIS SWEEPSTAKES (AS THAT TERM IS DEFINED BELOW) MEANS THESE OFFICIAL RULES FORM A BINDING LEGAL CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR YOUR INDEMNIFICATION OF THE SPONSOR AND OTHER PARTIES, THE WAIVER OF THE RIGHTS TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL, AND A REQUIREMENT THAT DISPUTES WILL BE SETTLED BY MANDATORY BINDING ARBITRATION. CAPITALIZED TERMS USED AND NOT OTHERWISE DEFINED IN THESE OFFICIAL RULES HAVE THE MEANING ASCRIBED TO THEM IN THE APPLICABLE TERMS AND CONDITIONS, WHICH CAN BE ACCESSED VIA THE FOLLOWING LINK: LANDING.SUPER.COM/LEGAL.
IMPORTANT - PLEASE READ THESE TERMS
1) Eligibility: The Super+ Weekly Giveaway (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years of age or older at the time of entry and are physically located in one of the above-referenced locations (“Entrant”). Each Entrant must also have a Super.com account (each an “Account”) at the time of entry.
Employees, officers, directors, and agents of Snapcommerce Inc. (DBA Super.com) (“Sponsor”), and any other company involved in the presentation, administration, or fulfillment of the Sweepstakes, including (for the avoidance of doubt) Republic Bank & Trust Company, and their respective parent companies, affiliates, and subsidiaries, are not eligible for the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules. Sponsor’s decisions are final and binding (without right of appeal) in all matters related to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
2) Sponsor: The Sponsor of the Sweepstakes is Snapcommerce Inc. (DBA Super.com Travel), located at 18 Bartol Street #159, San Francisco, California 94133.
3) Sweepstakes Period: The Sweepstakes begin at 12:00:01 PM EST on July 14, 2025, and ends at 11:59:59 AM EST on August 18, 2025 (the “Sweepstakes Period”). During the Sweepstakes Period, Sponsor may advertise the Sweepstakes on their websites, application, and social media.
On or about July 28, 2025, August 4, 2025, August 11, 2025, and August 18, 2025 (each, a “Drawing Date,” and collectively, the “Drawing Dates”), Sponsor (or Sponsor’s designee) will select the names of potential prize winning Entrants (each, a “Potential Prize Winner”) for the Prize(s) (as defined below) being awarded on such Drawing Date in a random drawing from among all eligible Entries (as defined below) received up to the time of such Drawing Date during the Sweepstakes Period.
Following each Drawing Date, the applicable Potential Prize Winner(s) will be notified by email or SMS message (each, a “Notification”) within one day of such Drawing Date (each, a “Notification Date”), as described fully in Section 6 below. Acknowledgment of these Official Rules is required to remain eligible for the Sweepstakes and claim a Prize.
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Sponsor’s servers are the official time-keeping devices for the Sweepstakes.
4) How to Enter: You must have a valid Account. If you are not a Super.com member, you may visit Super.com to sign up. An Account is free to create, and is subject to the Super.com Terms of Use and Super.com Privacy Policy. You must have access to the internet. Internet access, phone, and usage charges imposed by your online or mobile service provider(s) may apply.
There is NO PURCHASE NECESSARY TO PARTICIPATE. A purchase does not increase your chances of winning.
PURCHASE ENTRY METHODS
To enter the Sweepstakes via purchase during the Sweepstakes Period, eligible Entrants must first complete and submit the online form found at  https://super.com/home?signin_target=sweepstakes (the “Opt-In Form”).  After an eligible Entrant completes and submits the Opt-In Form, the Entrant’s completion of any activity listed immediately below (each, an “Entry Activity”) during the Sweepstakes Period (including any Entry Activity that took place during the Sweepstakes Period prior to submission of the Opt-In Form) will result in the Entrant receiving the number of Entries listed next to such Entry Activity (subject, in each case, to the Daily Entry Limit (as defined below)):
- Entrant’s Super.com Deposit Account receives its first deposit of at least $200.00 by or through an Automated Clearing House Operator (“ACH”) where the originator of such deposit is your employer, payroll provider, gig economy payer, or benefits payer (each, a “Direct Deposit”)¹ (5000 Entries);
- Entrant’s Super.com Deposit Account receives any Direct Deposit of at least $200.00 following the first Direct Deposit received by such Super.com Deposit Account (50 Entries per Direct Deposit);
- Entrant’s Super.com Deposit Account receives its first ACH transfer or debit in of $5.00 or more (excluding, for the avoidance of doubt, any Direct Deposit) (500 Entries);
- Entrant’s Super.com Deposit Account receives any ACH transfer or debit in of $5.00 or more following the first ACH transfer or debit in of $5.00 or more (excluding, for the avoidance of doubt, any Direct Deposit) (50 Entries per ACH transfer);
- Entrant completes any transaction using their Super.com Card as the method of payment for such transaction (200 Entries per transaction);
- Entrant fully repays a cash advance received by such Entrant via the Super+ Cash Advance program (100 Entries per repayment);
- Entrant completes a non-refundable hotel booking through Super.com Travel Services (150 Entries per booking);
- Entrant completes one “Game” through the Super.com Earnings program, with “completion” occurring each time the Entrant is paid for playing such “Game” (600 Entries);
- Entrant completes one “Task” through the Super.com Earnings program, with “completion” occurring when the Entrant is paid for such “Task” (600 Entries); and/or
- Entrant completes one “Survey” through the Super.com Earnings program, with “completion” occurring when the Entrant is paid for filling out and submitting such “Survey” (100 Entries).
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¹ For the avoidance of doubt, the following transactions shall not constitute a “Direct Deposit”: (1) a bank ACH transfer; (2) peer-to-peer transfers within Super.com or from services such as PayPal, Cash App, or Venmo; (3) verification or trial deposits from financial institutions; (4) mobile check deposits; (5) cash deposits; (6) one-time direct deposits such as tax refunds and other similar transactions; and (7) any deposit to which Super.com deems, in its sole discretion, not to be a Direct Deposit.
NO PURCHASE NECESSARY METHOD:
To enter the Sweepstakes during the Sweepstakes Period without making a purchase or completing any Entry Activity, eligible Entrants must fill out and submit the online entry form available at https://super.com/home?signin_target=sweepstakes (the “Entry Form”). For each Entry Form submitted by an eligible Entrant, such Entrant will receive 100 Entries. Eligible Entrants can submit the Entry Form up to 50 times per day during the Sweepstakes Period.
DAILY ENTRY LIMIT
MAXIMUM OF 5,000 ENTRIES PER DAY PER PERSON (THE “DAILY ENTRY LIMIT”), REGARDLESS OF THE METHOD OF ENTRY. ADDITIONAL ENTRIES FROM ENTRY ACTIVITIES OR ENTRY FORMS IN EXCESS OF THE DAILY ENTRY LIMIT BY THE SAME PERSON WILL BE DISQUALIFIED. THROUGHOUT THE SWEEPSTAKES PERIOD, FOR THE PURPOSE OF CALCULATING WHETHER AN ENTRANT HAS EXCEEDED THE DAILY ENTRY LIMIT, EACH “DAY” SHALL BEGIN AT 12:00:01 A.M. EASTERN STANDARD TIME AND SHALL CONCLUDE AT 23:59:59 EASTERN STANDARD TIME ON THE APPLICABLE CALENDAR DATE.
By submitting the Opt-In Form and/or an Entry Form, you agree that Sponsor or its designees may contact you regarding or in connection with this Sweepstakes via email and/or SMS message.
Entry Activities must be completed by the Entrant, and the Opt-In Form and/or the Entry Form must be submitted by the Entrant. Automated or bulk Entry Activities and Entry Forms will be disqualified. Entry Activities and Entry Forms completed or submitted by third parties will be disqualified. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple and/or different identities, forms, registrations, email addresses, login, or any other methods will void all such Entries, and Entrant may be disqualified at Sponsor’s discretion.
In order for an Entry to be valid, the Entrant must be the Authorized Account Holder through which the Opt-In Form and/or Entry Form is submitted, and through which any Entry Activity is completed. The “Authorized Account Holder” is the natural person who is the Super.com member as assigned by Sponsor. Sponsor, at its discretion, may require a Potential Prize Winner to show proof of being the Authorized Account Holder or forfeit his or her Entries, and/or the applicable Prize. If a dispute cannot be resolved to Sponsor’s reasonable satisfaction, the applicable Entries will be void and deemed ineligible. Entries specifying an invalid, non-working, or inactive Super.com membership will be disqualified and ineligible to win.
All information or steps required by these Official Rules must be completed and provided to be eligible. Incomplete, illegible, corrupted, or untimely Entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid Entries; (ii) any expenses incurred in the creation and submission of any Entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of an Entry, Entry Activity, Opt-In Form, or Entry Form will not be deemed proof of receipt by Sponsor.
NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: When you participate in the Sweepstakes via a mobile device and/or download or transmit data via your mobile device, data and messaging rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your mobile prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Sweepstakes. Check your mobile device’s capabilities for specific instructions. Sponsor shall not assume responsibility for any charges Entrants receive from wireless carriers.
5) Prizes, Approximate Retail Value (“ARV”), and Odds of Winning:
A. Prize: For the Sweepstakes, there are 13 available Prizes, consisting of the Xbox Prize, the Laptop Prize, the Super.com Travel Prize, and ten Super+ Membership Prizes (each, a “Prize,” and collectively, the “Prizes”).
XBOX PRIZE: One winner will receive the Xbox Prize, which shall be an Xbox Series X. ARV: $600.00.
SUPER+ MEMBERSHIP PRIZE: Ten winners will receive the Super+ Membership Prize, which shall consist of 12 months of free membership to Super.com’s Super+ program for each such winner. An Entrant may only win the Super+ Membership Prize once. ARV of 12 months of free membership: $180.00.
SUPER.COM TRAVEL PRIZE: One winner will receive the Super.com Travel Prize, which shall consist of (1) $500.00 in credits toward (a) any bookings made through Super.com Travel, or (b) such Entrant’s Super.com Deposit Account; AND (2) a $500.00 American Airlines gift card. ARV: $1,000.00.
LAPTOP PRIZE: One winner will receive the Laptop Prize, which shall be an Apple MacBook Air (13-inch, M4, 2025). ARV: $1,400.00.
B. Total ARV: The total ARV of all available Prizes in the Sweepstakes is four thousand eight hundred dollars ($4,800.00).
C. Odds of Winning: The odds of winning a Prize depends on the total number of eligible Entries received during the Sweepstakes Period prior to the applicable Drawing Date.
For Prize(s): If a winner receives the Xbox Prize, the must claim such Prize by August 8, 2025, or they shall forfeit the Xbox Prize.
If a winner receives the Laptop Prize, they must claim such Prize by August 29, 2025, or they shall forfeit the Laptop Prize.
If a winner receives Super+ Membership Prize, they must claim such Prize by August 15, 2025, or they shall forfeit the Super+ Membership Prize.
If a winner receives the Super.com Travel Prize, they must claim such Prize by August 22, 2025. Further, the travel credits related thereto must be used to book reservations via Super.com Travel prior to August 7, 2026; any portion of the Prize not used to book reservations via Super.com Travel prior to such date shall be forfeited. Travel and accommodations are subject to availability and blackout dates. Blackout dates shall include, but not be limited to, November 18, 2025 through November 23, 2025, December 24, 2025 through December 26, 2025, December 31, 2025 through January 2, 2026, and January 6, 2026 through January 9, 2026. No refund or compensation will be made in the event of the cancellation or delay of any flight. All reservations are final and cannot be refunded, rescheduled, or canceled.
No substitution, cash redemption, transfer or assignment of any Prize (or portion of any Prize) is permitted, except Sponsor may at its discretion substitute another prize of approximately the same or greater retail value for any reason.
Prizes are non-transferable, non-assignable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize for one of equal or greater value if the designated Prize should become unavailable for any reason. Winners are responsible for all federal, state, or other tax obligations and fees associated with Prize receipt and/or use. Winners of a Prize equal to or greater than $600 will receive an IRS Form 1099 MISC reporting the actual value of the Prize received. ARVs are determined as of the time these Official Rules were published, and the value of a Prize may fluctuate. A winner is not entitled to any difference between the ARV and the actual value of the Prize at the time the Prize is awarded. Where applicable, Prize style, size, and all other details will be determined by Sponsor at its sole discretion. All other costs and expenses associated with acceptance of the Prize that are not expressly set forth herein shall be solely the winner’s responsibility. Prizes are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
All Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details are subject to change, and Sponsor will provide Entrants with reasonable notice of any change to the Prize details. Unclaimed Prizes will be forfeited.
6) Sweepstakes Prize Random Drawings: On or about each Drawing Date listed in Section 3 above, Sponsor (or Sponsor’s designee) will select the names of a Potential Prize Winner (or, in the case of the Super+ Membership Prize Drawing Date, ten Potential Prize Winners) in a random drawing from among all eligible Entries received during the Sweepstakes Period prior to such Drawing Date (excluding, for the avoidance of doubt any Entry or Entries selected as Potential Prize Winners during a previous Drawing Date (“Excluded Entries”)). Selection as a Potential Prize Winner in a Drawing will not preclude such Entrant’s Entries (excluding Excluded Entries) from being selected as Potential Prize Winners in any subsequent Drawing; provided, for the avoidance of doubt, that any Entrant may only be selected as a Potential Prize Winner once with respect to the Super+ Membership Prize. The drawing will be conducted by the Sponsor using a random name selector or a similar tool to ensure fairness. Sponsor’s decisions are final and binding on all matters related to each drawing.
Each Potential Prize Winner will receive a Notification with respect to the drawing they have won on the applicable Notification Date. It is each Entrant’s responsibility to monitor their email account and SMS messages to see if they have been selected as a Potential Prize Winner. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to send a Notification to Potential Prize Winners.
Each Potential Prize Winner will be required to sign and return an Affidavit of Eligibility, Acceptance, and Liability Release ("Agreements"), which must be received by Sponsor within ten days of the corresponding Notification Date in order to claim the Prize related to such Notification Date. Further, each Potential Prize Winner will be required to provide their full name, home mailing address, booking and tax information, and other required information, as determined by Sponsor, within ten days of Notification in order to claim the applicable Prize. Receiving any Prize is contingent upon compliance with these Official Rules, including the limit on Prizes described in Section 5(C) above. If Sponsor is unable to contact a Potential Prize Winner, or a Potential Prize Winner has not responded within ten days after the Notification has been sent, is not in compliance with these Official Rules, fails to return required Agreements, or declines to accept the prize for any reason prior to award, they will forfeit the applicable Prize and, in Sponsor’s discretion, an alternate winner may be selected in a random drawing from among all remaining eligible Entries, under the same conditions mentioned above. Only one alternate drawing will be held, after which any remaining prizes will remain un-rewarded.
ALL POTENTIAL PRIZE WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A POTENTIAL PRIZE WINNER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL THEIR ELIGIBILITY HAS BEEN VERIFIED, AND POTENTIAL PRIZE WINNER HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
7) Publicity: Except where prohibited, participation in the Sweepstakes (including submission of the Opt-In Form and/or Entry Form) constitutes each winner’s consent to Sponsor’s and its agents’ use of the winner’s name, prize information, likeness, photograph, social handle, voice, opinions, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Sponsor is not obligated to use any of the above-mentioned information or publicity materials but may do so and edit such information or materials at its sole discretion, without further obligation or compensation.
8) General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the Prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible Entries received up to the date of discontinuance and may modify the Prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant (and any of their Entries) it finds to be tampering with the Entry process or the operation of the Sweepstakes, including but, not limited to submitting fraudulent Entries, or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW (AND TO DISQUALIFY SUCH INDIVIDUAL FROM THE SWEEPSTAKES, IF APPLICABLE). Any attempt by an Entrant to obtain more than the Daily Entry Limit by using multiple/different email addresses, identities, registrations, or logins, or any other methods will void that Entrant’s Entries and that Entrant may be disqualified from the Sweepstakes in the Sponsor’s sole discretion. Any use of robotic, repetitive, automatic, programmed or similar methods or agents (including, but not limited to, entry services) to complete tasks that would result in Entries being granted will void Entries by that Entrant. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In no event will more Prizes than are stated in these Official Rules be awarded. If, for any reason, more Notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received. In the event there is a discrepancy or inconsistency between any other statements contained in any Sweepstakes-related materials (including printed versions of these Official Rules) and the Official Rules, the Official Rules shall prevail, govern, and control.
9) Limitations of Liability and Release: By participating in this Sweepstakes, Entrant agrees that Sponsor, Republic Bank & Trust Company, and each of their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, Prize suppliers, and each of their respective parent companies and each such companies’ officers, directors, employees, and agents (collectively, “Released Parties”) are, to the maximum extent permitted by applicable law, not responsible for: (1) any incorrect or inaccurate information either caused by printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes or provided by Entrants; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections to the internet, in phone lines, or network hardware or software; (3) unauthorized human intervention in any part of the Sweepstakes, including but not limited to the Entry process; (4) technical or human error which may occur in the administration of the Sweepstakes, including but not limited to the processing of Entries; (5) late, lost, or undeliverable Notifications; or (6) 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 to the receipt, use, inability to use, or misuse of any Prize. If, for any reason, an Entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Sweepstakes, if it is possible.
EXCEPT WHERE PROHIBITED BY LAW, BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANT AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, TERRORISM, OR ACTUAL OR THREATENED PUBLIC HEALTH CRISES (INCLUDING, WITHOUT LIMITATION, PANDEMICS AND EPIDEMICS AND ANY GOVERNMENT SHUTDOWNS OR RESTRICTIONS RELATED THERETO).
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING EACH PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10) Governing Law and Jurisdiction: The Official Rules and the Sweepstakes are governed by U.S. law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in “Binding Arbitration” Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Wilmington, Delaware.
11) Disputes: In the event of a dispute as to any Entry, the Authorized Account Holder (as defined above) of the Super.com account used to enter the Sweepstakes will be deemed to be the Entrant. Potential Prize Winners may be required to show proof of being the Authorized Account Holder.
WAIVER OF JURY TRIAL: EACH PARTY HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THESE OFFICIAL RULES, THE SWEEPSTAKES, OR OTHER DOCUMENTS REFERENCED HEREIN. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS SWEEPSTAKES, INCLUDING WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS (INCLUDING NEGLIGENCE), BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. THIS SECTION AND THESE PROVISIONS WILL NOT BE SUBJECT TO ANY EXCEPTIONS. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS.
12) Binding Arbitration: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for the claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
13) Privacy Policy: Information submitted by or collected from Entrants in connection with the Sweepstakes shall be subject to Sponsor’s privacy policy, available at https://landing.super.com/legal#privacy-policy. By entering this Sweepstakes, Entrant expressly consents to Sponsor, their agents, and/or representatives, storing, sharing, and using the personal information submitted only for the purposes described in these Official Rules, including for the purpose of administering the Sweepstakes, and in accordance with Sponsor’s privacy policy. It is necessary for and in the legitimate interest of Sponsors to use Entrants’ personal data to perform obligations related to the administration of this Sweepstakes.
14) Severability: If the application of any provision of these Official Rules to any particular facts or circumstances shall for any reason be held to be invalid, illegal, or unenforceable by a court, arbitration panel, or other tribunal of competent jurisdiction, then (a) the validity, legality, and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Official Rules, shall not in any way be affected or impaired thereby; and (b) such provision shall be enforced to the maximum extent possible. In addition, if any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity, or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law. To the fullest extent permitted by applicable law, Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the Agreements or any provision hereof.