“Ontop Card - Ontop of Christmas: December Giveaway”

Campaign Terms and Conditions

Last updated: November 30, 2023

Campaign Begins: Friday, December 1, 2023, 12:00 am (GMT-5)

Campaign Ends: Friday, December 29, 2023, 11:59 pm (GMT-5)

These terms and conditions (these “Terms”) regulate the “Ontop Card - Ontop of Christmas: December Giveaway” campaign (this “Campaign”). Through the Campaign, Ontop Card holders who spend with their Ontop Card during the Campaign Period (as defined below) will be eligible to enter a raffle for: (i) a cash reward equal to the value of a “Sony PlayStation 5”; or (ii) a cash reward equal to the value of an “Apple iPhone 15”; or (iii) a cash reward in the amount of $700 USD. Please refer to Section 3.11 below for the disclaimer regarding “Apple iPhone” and “Sony PlayStation” brand names.

1. DEFINITIONS:

1.1 Campaign Period” means the period between Friday, December 1, 2023, 12:00 am (GMT-5) and Friday, December 29,  2023, 11:59 pm (GMT-5).

1.2 Ontop Card” means a digital or physical prepaid card that Contractors can acquire through the Ontop Platform and top up by using their Ontop Global Wallet (as defined below) balance.

1.3 Ontop Global Wallet” or simply “Wallet” means the e-wallet account which can be activated by and/or accessible to Contractors registered on the Ontop Platform that reflects the available balance of payments from the clients to whom the Contractors provide services, which can be held within the account balance and/or paid out to the independent contractor through a number of different payment methods.

2. CAMPAIGN RULES:

2.1 To qualify as participants in this Campaign ("Participant"), you must:

a. receive a communication from Ontop confirming your participation in this Campaign;

b. have an active Ontop Card; and

c. make at least three (3) different purchases, in the total amount of at least $20 USD with your Ontop Card between December 1 and December 15, 2023.

2.2 The Participants of this Campaign will be eligible to enter a raffle for a reward to be chosen from the following options (the “Prize(s)”):

a. the US market cash equivalent of  a “Sony PlayStation 5”, or

b. the US market cash equivalent of an “Apple iPhone 15”; or

c.  a cash reward in the amount of $700 USD.

2.3 One (1) Participant will be chosen by raffle among all Participants to win the Prize (“Winner”). The Winner will choose the Prize among the options listed in Section 2.2 above.

2.4 Each Participant will receive a single entry to the raffle for meeting the minimum conditions for participation in Section 2.1 above. For every additional $20 USD spent with the Ontop Card within the Campaign Period beyond the initial $20 USD in Section 2.1(c) above, the Participant will receive one (1) extra entry to the raffle. The total number of entries to the raffle per Participant will be determined based on the total amount spent by the Participant during the Campaign Period.

2.5 The raffle will take place on Friday, December 29, 2023. The Winner will receive an email with the instructions to claim the Prize.

2.6 We are not liable for any potential Winner's failure to receive notices due to spam, junk email, or other security settings or for any submission of incorrect or non-functioning contact information. If the selected Winner (i) cannot be contacted; (ii) is ineligible; (iii) fails to claim the Prize within seven (7) business days from the time award notification was sent; or (iv) fails to timely return a completed and executed declaration and release, if requested, the Prize may be forfeited and an alternate winner selected as per Section 2.3 above.

2.7 The Prize will be granted to the Winner by means of of credit to the Ontop Wallet within thirty (30) days of the end of the Campaign Period. The Prize is personal and non-transferable. Please, bear in mind that the Prize might be considered a gift in your country of tax residency and, therefore, may be subject to tax payments or declarations. The Winner is solely responsible for any federal, state, and local taxes and any other fees, charges, or expenses associated with the Prize.

3. GENERAL CONDITIONS OF CAMPAIGN:

3.1 The Campaign will be valid throughout the Campaign Period. 

3.2 Ontop reserves the right to (a) cancel, suspend, and/or modify the Campaign and (b) to block a Participant’s account at any time if it is determined that fraud or unlawful action is taking place in order to win the Prize.

3.3 Ontop reserves the right to modify the conditions of eligibility for this Campaign and/or to cancel the Campaign, at any time and at its sole discretion.

3.4 Ontop reserves the right, at its sole discretion, to modify, change or update these Terms at any time. Modifications will be communicated by Ontop and will take effect immediately from the time of publication.

3.5 The Winner is solely responsible for any federal, state, and local taxes and any other fees, charges, or expenses associated with the acceptance and use of the Prize.

3.6  By participating in the Campaign, all Participants agree to release and hold harmless Ontop, its related companies, affiliates, suppliers, distributors, and advertising agencies, and each of their respective officers, directors, employees, and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Campaign or receipt or use or misuse of any Prize.

3.7 Please refer to our Ontop Platform Terms of Service and Privacy Policy, as well as the Ontop Card and Wanderlust Plan Terms of Service (collectively the “Ontop Platform Terms”), which will govern any matters not explicitly covered by these Terms. Any capitalized terms not defined in these Terms will have the meaning ascribed to them within the Ontop Platform Terms.

3.8 As per Section 16 of the Ontop Card Terms of Service: (i) these Terms will be governed by and construed in accordance with the law of the State of Delaware; and (ii) any dispute in connection with these Terms that cannot be resolved amicably shall be resolved by binding arbitration on an individual basis.

3.9 By participating in the Campaign, you grant Ontop permission to use your name, likeness, image, voice, and/or appearance as they may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of Ontop for promotional purposes related to the Campaign, without further compensation or notice.

3.10 By participating in the Campaign, you acknowledge and agree that the Company may collect, store, and use any personal information you provide in accordance with our Privacy Policy

3.11 Ontop is the sole sponsor of this campaign and is not affiliated with, endorsed by, or in any way officially connected to either Apple, Inc., any of its subsidiaries or affiliates, or Sony Interactive Entertainment LLC, any of its subsidiaries or affiliates. The “Apple” and “iPhone” names are registered trademarks of Apple, Inc., as well as the “Sony” and “PlayStation” names are  registered trademarks of Sony Interactive Entertainment LLC, and are used solely for the purpose of identifying the Prizes. All rights, titles, and interests in these trademarks belong to their respective owners. Any product inquiries or concerns should be directed to the manufacturers.