The #Peakof2021 Contest (“Contest”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
TOTAL OF SEVEN (7) WINNERS WILL BE CHOSEN.
THIS IS A SKILL-BASED CONTEST.
VOID WHERE PROHIBITED BY LAW.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC. (“INSTAGRAM”).
Entry into this Contest constitutes your acceptance of these Official Rules.
The Contest begins on January 1, 2021 at 12:01AM ET (Eastern Time) and all submissions are accepted until January 31, 2021 and 11:59PM ET.
(the “Contest Period”).
WHO MAY ENTER
The #Peakof2021 Contest (the “Contest”) is open only to individuals who are legal residents and physically located in the fifty (50) states in the United States or the District of Columbia and who are at least eighteen (18) years of age at the time of entry. Employees, officers and directors of Peak Financial, Inc. (“Sponsor”), Axos Bank, each of their parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively with Sponsor, the “Contest Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Judges (defined below) and/or Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
HOW TO ENTER
You (“Entrant”) must (1) be a Peak member in good standing; (2) follow @PeakMoney on Instagram; and (3) Set up the goal that you are most looking forward to in 2021 as a peak in the Peak Money app. Share this peak, or an original photo that represents this goal, as an Instagram post. In the caption, tell us more about this goal. What will make this the peak of your year? And include the hashtags #Peakof2021 and #Contest (not case sensitive) and follow and tag @PeakMoney in the photo or the caption (“Entry”).
By submitting an Entry, each Entrant agrees his or her Entry complies with these Official Rules.
Each Entrant also agrees that Sponsor may disqualify Entrant from the Contest if Sponsor believes, in its sole and absolute discretion, that an Entry fails to comply with these Official Rules. If Sponsor rejects any Entry, such Entry is disqualified and will not be considered. Entries must be received by Sponsor by the end of the Contest Period to be entered into the Contest. Limit one Entry per person/Instagram account during the entire Contest Period.
In addition, no Entry may contain any offensive or vulgar content or depict any pornographic or illegal act. Any Entry containing inappropriate content, as determined by Sponsor in its sole and absolute discretion, will be considered ineligible and will not be entered into the Contest. Subsequent attempts to enter may be made but only the first Entry received from an individual’s Instagram account will be eligible; subsequent attempts to enter will be disqualified. Entries may only be made according to the method described above. Automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated service) are not permitted and will be disqualified. Only eligible Entries actually received by the Sponsor before the end of the Contest Period will be included in the judging. Illegible, unintelligible, incomplete, or garbled Entries will be disqualified.
Entry Content Guidelines
Entries that fail to meet these “Content Guidelines” are subject to disqualification, at Sponsor’s sole and absolute discretion, so carefully read and follow these Content Guidelines:
Except for materials in the public domain, each Entry, in its entirety, must be a single work of original material created by the Entrant, or for which Entrant has all rights required to comply with these Official Rules, must not infringe on the intellectual property rights of any other person or entity, and be suitable for presentation in a public forum.
Sponsor does not permit the infringement of others’ rights and any use of materials that infringe any third party’s rights shall be grounds for disqualification from the Contest and may subject you to liability. Do not copy your favorite movie, book, or photo or include materials, images, graphics, music, or trademarks belonging to any third parties or incorporate the names, voices, likeness, or personas of any third party unless you have obtained all rights necessary to permit you to use same in connection with your Entry and grant the rights to Sponsor. Entries containing brand names, trademarks, or company logos are subject to disqualification.
Entries must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous; (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) invades the privacy or publicity rights of any person, living or deceased; (d) is unlawful; (e) is harmful to other users of Instagram, such as viruses, Trojan horses or other technologies that could adversely impact the Contest; and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
Entries should not reveal any personal information about another individual, including another person’s address, phone number, email address, debit and/or credit card number, cardholder name, or any information that may be used to track, contact or impersonate that individual.
Entrant, upon submission of an Entry to the Contest, irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Entry, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Entrant or any third party, except for the awarding of the prize to the Winner in this Contest. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Entries, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Entry submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with Entries submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a Winner, Sponsor may request that the Entrant’s Entry, and any rights therein, be assigned to Sponsor and Entrants may be required to confirm such assignment by completing and submitting the Affidavit (defined below) (and any other documents reasonably required by Sponsor) or such Entrant will otherwise be disqualified from receiving the prize(s). Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. All Entries posted by Sponsor on the Internet are available to be viewed by anyone with access to the Internet. Each Entrant acknowledges that Entries are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each Entrant acknowledges that Sponsor and other Entrants may have created ideas and concepts contained in their Entries that may have familiarities or similarities to his/her own Entry, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate Entrants for their Entries and there is no obligation for any Contest Entity to pay or otherwise compensate Entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Entries are not confidential and the Contest Entities’ only obligations to Entrants regarding Entries are as specifically set forth in these Official Rules. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), and Entry for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
Representations and Warranties
By entering the Contest, Entrant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules. Entrant further represents and warrants that his or her Entry and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Entries) are wholly original with such Entrant and are not a copy or imitation of any other material or Entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify and/or not to post any Entry that Sponsor determines does not comply with these Official Rules, to make such changes to any Entry as are necessary to make it compliant, or to require the Entrant to do so. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered the Entry, or any images, text and materials depicted therein, to any other third party. Further, Entrant represents and warrants that Sponsor’s use of any Entry, including any images, text and materials depicted therein, shall not violate an agreement to which such Entrant has signed. Entrant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third party claims, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by Entrant in connection with his or her acceptance of these Official Rules or Contest activities.
Determining the Winners
After the conclusion of the Contest Period, each Entry will be reviewed by a team of judges (the “Judges”) assembled by Sponsor, who will review and judge all eligible Entries based on the following judging criteria (collectively, the “Judging Criteria”):
33% Originality – Entry is clearly distinct from other submissions.
33% Quality / Completeness – Entry image is clear, entry caption demonstrates attention to detail and thoroughness.
33% Creativity – Entry expresses inventiveness and shares a sincere and authentic story/explanation to accompany the shared photo.
Based on the total score the Judges assign to each Entry using the Judging Criteria, seven (7) Entries with the highest scores will be ultimately selected by the Judges and each individual who submitted a selected Entry will be potential winners, subject to confirmation the potential winners have met the eligibility requirements and complied with these Official Rules. If there is a tie after the Judges apply the Judging Criteria, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to break the tie and determine the winner. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Contest, and of selection of the winners.
Prizes and Values
One (1) winner will receive a one-time $500.00 deposit to the associated Peak Account. One (1) runner-up will receive a one-time $250.00 deposit to their associated Peak Account. Five (5) honorable mentions will receive a one-time $50.00 deposit into their associated Peak Account. Or, at winner’s option, winner may designate in writing via email or other written method a different Peak Account to receive the funds. The total ARV (Approximate Retail Value) of all available prizes in the Contest is $1,000.00. Limit of one (1) prize per person for the entirety of the Contest.
Only prizes specified in the amount indicated will be awarded. Prizes are non-transferable, with no cash redemption or equivalent. Sponsor reserves the right to substitute a prize or prize component of equal or greater value should a prize or any component of a prize become unavailable. Except as specifically provided herein, all applicable taxes and usage charges on prizes are the sole responsibility of the winner. Each winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one-year period 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. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of prizes awarded. Sponsor makes no representation or warranties concerning the appearance, safety or performance of any prize awarded.
During the week of February 15, 2021, each potential winner will be notified by a direct Instagram message from @PeakMoney. Each potential winner has twenty-four (24) hours from the time the direct message is sent to send a reply direct message to @PeakMoney. Potential winners will then be asked to verify their Peak membership by providing the name, email address, and/or phone number associated with their account. Failure to respond within twenty-four (24) hours of potential winner notification may result in disqualification and an alternate potential winner may be selected. Each winner’s Peak Account will be credited the prize amount within seven (7) business days.
If a potential winner is found to be ineligible; is not in compliance with these Official Rules; declines to accept the prize; or does not comply with Sponsor’s instructions, the prize may be forfeited in Sponsor’s sole discretion. If a prize is forfeited, the prize may be awarded to an alternate winner, who received the next highest Judging Criteria score, as determined by Sponsor in its sole discretion. Sponsor shall not be held responsible for any delays in awarding the prize for any reason. Each prize will only be awarded to a verified winner. Upon deposit of the prize to the winner’s Peak Account, Sponsor will be deemed to have awarded the prize to the winner, with the winner assuming full responsibility for the prize.
Subject to applicable law, winners irrevocably grant the Contest Entities, and each of their licensees, and its and their successors, assigns and sub-licensees, the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration, except for the awarding of the prizes to the winners.
All entries become the property of Sponsor and will not be returned. By participating, Entrants agree to abide by and be bound by these Official Rules, which shall be final and binding with respect to all issues relating to this Contest. It is the Entrant’s responsibility to ensure compliance with all of the conditions contained in these Official Rules. Sponsor is not responsible for any lost, late, misdirected, stolen, illegible, incomplete Entries, or for any computer, online, telephone or technical malfunctions that may occur. Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by Website users, any of the equipment or programming associated with or utilized in the Contest, or any technical or human error which may occur in the processing of submissions in the Contest. Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Contest Entities are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. Contest Entities are not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Contest Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and using the Judging Criteria select winners from among all eligible entries received prior to the cancellation. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to correct any typographical, printing, computer programming, or operator errors.
By participating in this Contest, each Entrant agrees to release and hold harmless Contest Entities and each of their respective parent companies, affiliates, subsidiaries, officers, directors, representatives, agents and employees, from any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly from: 1) the awarding, acceptance, receipt, possession, use and/or misuse of any prize awarded herein; or 2) participation in the Contest or any prize related activities.
Arbitration and Choice of Law
Except where prohibited by law, as a condition of participating in this Contest, Entrant agrees that all disputes arising out of or relating to these Official Rules or the Contest shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Chattanooga, TN, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and that Entrant and Sponsor hereby expressly waive trial by jury. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Entrant and Sponsor shall appoint as sole arbitrator a person mutually agreed by Entrant and Sponsor or, if Entrant and Sponsor cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Sponsor shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court of the Eastern District of Tennessee or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Official Rules or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards. Any claims brought by Entrant or Sponsor must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither Entrant nor Sponsor will participate in a class action or class-wide arbitration for any claims covered by these Official Rules. Entrant hereby waives any and all rights to bring any claims related to these Official Rules or the Contest as a plaintiff or class member in any purported class or representative proceeding. Entrant may bring claims only on its own behalf. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Tennessee without regard to conflicts of law principles.
To obtain an official list of the names of the winners, send a self-addressed stamped business-size envelope to: “#Peakof2021 Contest” Winners List, Peak Financial, 2200 Amnicola Hwy #5698, Chattanooga, TN 37406. Requests must be received by February 28, 2021 at 11:59 PM ET
If you would like a copy of these Official Rules, please send a self-addressed stamped envelope to: “#Peakof2021” Official Rules, Peak Financial, 2200 Amnicola Hwy #5698, Chattanooga, TN 37406. Vermont residents may omit the return postage. Requests received after the close of the Contest Period will not be honored.
Peak Financial Inc., 2200 Amnicola Hwy #5698, Chattanooga, TN 37406.
Instagram® is a registered trademark of Facebook, Inc. All rights are reserved.