THE FIDELITY SPIRE EMERGENCY SAVINGS SWEEPSTAKES - OFFICIAL RULES
NO PURCHASE/TRANSACTION NECESSARY TO ENTER OR WIN.
A PURCHASE OR TRANSACTION WILL NOT INCREASE YOUR CHANCES OF WINNING.
YOU HAVE NOT YET WON.
- SWEEPSTAKES PERIOD: The Fidelity Spire Emergency Savings Sweepstakes (the "Sweepstakes") begins 12:00 a.m. Eastern Time ("ET") on June 3, 2021 and ends 11:59 p.m. ET on August 26, 2021 ("Sweepstakes Period") with three (3) separate Monthly Entry Periods as defined below in Rule #4.
- ELIGIBILITY: This Sweepstakes is open to legal residents of the 50 United States and D.C., 18 years of age or older as of date of entry. The following individuals are not eligible to enter or win: Officers, directors, independent contractors and employees of Fidelity Brokerage Services LLC ("Sponsor"), Don Jagoda Associates, Inc. ("Administrator"), and each of their respective subsidiaries and affiliated companies; their distributors, contractors, web design, advertising, fulfillment, and promotional agencies; employees and registered associates of FINRA firms (including Fidelity), government officials and employees including managers and administrators of public universities and health care facilities, and other individuals or entities involved in the administration, development, fulfillment and execution of the Sweepstakes (collectively, "Sponsor & Others") and all of their immediate family members (spouse, parent, child, sibling, in-laws and/or the household members of each). The Sweepstakes is intended solely for viewing and participation in the United States and shall be construed and evaluated solely under United States federal, state and local laws. The Sweepstakes is void where prohibited, taxed or restricted by law. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- HOW TO ENTER: There are two (2) ways to enter the Sweepstakes during the Sweepstakes Period:
Entry Method #1: You may earn one (1) Entry [for the applicable Monthly Entry Period and any subsequent Monthly Entry Period(s)] by opening a new nonretirement Fidelity Cash Management Account or a new nonretirement Fidelity Brokerage Account from within the Fidelity Spire mobile app and setting up an automatic monthly deposit of a minimum of $10 into that account from another institution ("Initial Entry").
Additional Entries: After earning your Initial Entry, you may earn up to ten (10) Entries by utilizing the "Invite Friends" functionality from within the Fidelity Spire mobile app to send a text to up to ten (10) friends and/or family members with an invite to download the Fidelity Spire app. For each friend or family member that then downloads the Fidelity Spire app and then registers and logs in as instructed, you will receive one (1) entry during the Sweepstakes Period ("Referral Entry"). Individuals being referred must meet the eligibility requirements outlined in Section 2 above. The Fidelity Spire mobile app is available from the Apple App Store or Google Play. Standard data/usage rates from your online/phone service provider may apply. Messages sent from outside the Fidelity Spire mobile app will not qualify for entry.
Entry Method #2: Hand print your name, complete mailing address, email address, telephone number and date of birth on a plain 3"x5" piece of paper and mail it in a hand-addressed stamped envelope to: The Fidelity Spire Emergency Savings Sweepstakes, P.O. Box 7758, Melville, NY 11775-7758 ("Mail-in Entry"). Limit one (1) Mail-in Entry per envelope. Mail-in Entries must be postmarked and received by dates as defined in Entry Chart below to be eligible for the applicable Monthly Entry Period and any subsequent Monthly Entry Period(s).
Limit eleven (11) Entries per person, regardless of method of Entry or combination of methods of Entry. All Initial Entries, Referral Entries and Mail-In Entries submitted shall herein be referred to as the "Entry" or "Entries". All Entries will be entered into that month's Monthly Entry Period as defined below (each, a "Monthly Entry Period") and will carry forward to any subsequent Monthly Entry Periods, if any. Mechanically reproduced Mail-in Entries are automatically void. All Entries become the exclusive property of Sponsor and none will be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, damaged, misdirected, returned or postage-due Entries, which will be disqualified. By submitting an Entry, you agree to these terms and Official Rules for this Sweepstakes, and to the decisions made by the Administrator and/or Sponsor. You further agree that there is no appeal or manner in which to object to the decision, opinions or determinations of the Sponsor or Administrator.
- MONTHLY PRIZE RANDOM DRAWING WINNER SELECTION/ODDS: Administrator, an independent judging agency, will conduct all Monthly Prize Random Drawings according to the Entry Chart below (on or about the Monthly Entry Period Drawing Date).
Monthly Entry Period Monthly Entry Period Dates Monthly Entry Postmark-By Date Mail-in Entry Receive-By Date Monthly Entry Period Drawing Date 1 06/03/21 – 06/27/21 06/28/21 07/07/21 07/14/21 2 06/28/21 – 07/27/21 07/27/21 08/04/21 08/11/21 3 07/28/21 – 08/26/21 08/26/21 09/03/21 09/10/21
*Monthly Entry Periods begin at 12:00 a.m. Eastern Time on the start date of each Monthly Entry Period and end at 11:59 p.m. ET on the end date of each Monthly Entry Period.
One (1) Monthly Prize winner (subject to verification) will be selected in each Monthly drawing, which will be held on or about the dates as defined in Entry Chart above. Monthly Drawings will be conducted from among all eligible Entries postmarked/received during the applicable Monthly Entry Period and any previous Monthly Entry Period(s). The odds of winning a Monthly Drawing prize depend upon the total number of eligible Entries received for each Monthly Entry Period and compliance with the exact requirements of these Official Rules.
- PRIZES: Three (3) Monthly Prizes, one awarded per Monthly Entry Period, as described in the Entry Chart above: A cash award of $50,000, awarded as a deposit into the winner's Fidelity Cash Management Account or Fidelity Brokerage Account which was opened as part of entry into the Sweepstakes. Total value of all prizes is $150,000. If a Grand Prize winner was selected from a Mail-In Entry, the winner will be invited to open a Fidelity Cash Management Account or Fidelity Brokerage Account, which will be opened on their behalf so that they may receive the prize. Prizes are non-transferable. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. All federal, state and local taxes are the sole responsibility of winners. The winners will receive an IRS 1099 Tax Form in the mail for the value of the prize, to be processed in the year in which he/she receives the prize. Limit one (1) prize per person.
- NOTIFICATION OF WINNERS: Potential winners will be notified by email. All potential winners must comply with all terms and conditions of these Official Rules, and being declared an official winner is contingent upon fulfilling all requirements set forth herein. Potential winners will be required to sign and return a Declaration of Eligibility/Compliance (including providing his/her Social Security Number for tax purposes and documentation stated above) and a Publicity/Liability Release ("Release"), as allowed by law, within ten (10) calendar days of notification attempt or he/she will forfeit the prize. In the event of prize forfeiture, a potential winner is unreachable, the prize notification is undeliverable, or if a potential winner declines acceptance of the prize, Sponsor may award the prize to a randomly selected alternate potential winner. All potential winners of the Sweepstakes are subject to verification by Sponsor or Administrator, whose decisions as to the administration and operation of the Sweepstakes and the selection and verification of potential winners are final and binding in all matters related to the Sweepstakes. All materials submitted become the sole property of Sponsor and will not be returned. Sponsor reserves the right to perform a background check, internet, and/or social media review on the potential winners, who agree to provide any verification or authorizations necessary in connection with background check. Sponsor will have the right, in its sole discretion, to disqualify any potential winner if the background check, internet, and/or social media review on such winner reveals conduct, information or history that, in Sponsor's determination, may be harmful to Sponsor or Sponsor's image or reputation or with which Sponsor does not wish to be associated.
- LIMITATIONS OF LIABILITY: Sponsor & Others are not responsible for lost, late, mutilated, delayed, inaccurate, incomplete, postage due or misdirected Entries, interrupted or unavailable network/app servers involved processing Entries, app/internet access or other connections, miscommunications, failed telephone or computer transmissions/failures of any kind or jumbled, scrambled or misdirected Entries, or for phone, electrical, network, computer hardware or software or program malfunctions, inability to upload or download any information in connection with participating in the Sweepstakes, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person or person's computer/device or property related to participating in the Sweepstakes. Persons found tampering with, abusing any aspect of this Sweepstakes, or violating these Official Rules, will be disqualified and may be subject to prosecution. CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner or Entry, the winning Entry will be declared made by the authorized account holder of the email address associated with the App account or listed on Winner's Mail-in Entry. "Authorized email account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be required to show proof of being the authorized account holder associated with the Entry. IN NO EVENT WILL SPONSOR AND ITS AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR ACCEPTANCE OR USE/MISUSE OF ANY PRIZE.
- GENERAL CONDITIONS: By entering this Sweepstakes and/or accepting a prize as a selected winner, each entrant/winner agrees that he/she has read these Official Rules and that he/she will be strictly bound by them. Sponsor's decisions shall be final in all matters pertaining to this Sweepstakes and any/all prizes awarded. By accepting a prize, winners grant Sponsor the right to use their individual names, addresses, photographs, and likenesses for advertising, publicity and promotional purposes and for any other such purposes as Sponsor so determines, in any and all media worldwide without limitation, without further compensation or permission, except where prohibited by law. All federal, state and local laws apply. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, viruses, tampering, or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes and award the prizes in random drawings from among all eligible Entries received/postmarked by the end of each Monthly Entry Period, prior to cancellation. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. No more than the stated number of prizes will be awarded.
- DISPUTES: ENTRANT AGREES THAT: (1) Any and all disputes, claims and causes of action arising out of or connected with this sweepstakes shall be subject to arbitration conducted in Boston, Massachusetts. Such arbitration will be conducted by, and according to the securities arbitration rules then in effect of, FINRA, the New York Stock Exchange or any other U.S.-based national securities exchange registered with the Securities and Exchange Commission. Arbitration may be initiated by serving or mailing a written notice. (2) No person shall bring a putative or certified class action to arbitration, or seek to enforce any predispute arbitration agreement against any person who has initiated in court a putative class action, or who is a member of a putative class action who has not opted out of the class with respect to any claims encompassed by the putative class action until (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein. (3) ENTRANT HEREBY WAIVES HIS/HER RIGHT TO SWEEPSTAKES JURISDICTION; (4) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES BUT IN NO EVENT ATTORNEYS' FEES; AND (45UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
- GENERAL RELEASE: Each entrant hereby agrees to release, indemnify, and hold harmless Sponsor & Others, from any claims, actions, damages, losses or injury of any kind including but not limited to personal injury or death, resulting from participating in the Sweepstakes or from acceptance, use or misuse of a prize awarded or participation in any prize-related activity. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income, or profit; loss or damage to property; and/or claims of third parties. Entrants agree that Sponsor & Others have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express, or implied (including but not limited to the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Sweepstakes or to any prize. Under no circumstances should entrants give a Fidelity account number, or any information regarding their account, over the phone or via mail, in connection with this Sweepstakes.
- WINNERS LIST: For the first initial, last name, city and state of the winners, available for ninety (90) days after August 26, 2021, send an email to: Winners@dja.com with Fidelity Spire Emergency Savings Winners (2737-03) as the subject line. Winners List will be sent after the prizes have been awarded.
- SPONSOR/ADMINISTRATOR: The Sponsor of this Sweepstakes is Fidelity Brokerage Services LLC, 245 Summer Street Boston, MA 02210. The Administrator of this Sweepstakes is Don Jagoda Associates, 100 Marcus Drive, Melville, NY 11747.