NO PURCHASE, TRANSACTION, OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER.
Trust Promotion Terms and Conditions
By accessing or enrolling in this Promotion(as defined below) or by using your Card after receiving notice of these Trust PromotionTerms and Conditions (these “Terms”), you signify that you have read,understood, and agree to be bound by Terms. Capitalized terms which are usedherein without definition and which are defined in the Terms andConditions for the Trust Cardshall have the same meanings herein as in the Terms and Conditions for theTrust Card.
These terms contain a mandatory arbitrationprovision.
1. Promotion. These Terms apply this promotion offered by Trust, a Delaware corporation (“Trust”), including any that youmay access through a promotional code (this “Promotion”). If Additional terms of the promotion maybe disclosed to you during your sign-up or in other materials provided to you,which are supplemented by these Terms. This Promotion ends on December 31, 2021at 11:59 PM Pacific Time. Trust’s computer system will maintain theofficial-time for purposes of this Promotion period.
One Submissionwill be randomly drawn on or about January 6, 2022 from all eligible Submissionsreceived prior to end of the Promotion. The random drawing will be conducted byTrust at its office. The odds of winning the prize depend upon the number of Submissions.You may be eligible for more than one Submission, regardless of method ofentry.
The prizefrom this Promotion of $10,000 will be made available as a statement credit tothe winner’s Trust Card and may only be used for purchases at Approved Vendors.
2. Eligibility. ThisPromotion is subject to the terms of these Terms and the following terms andconditions: your enrollment in this Promotion is subject to Trust’s approvaland each Submission must comply with the terms herein, as determined by Trust.Trust is not obligated to provide any credit or honor this promotion if youfail to provide it with any information it may request or if it believes youare fraudulently using Trust’s services or enrolling in this Promotion or youare otherwise engaging in any fraudulent, gaming, or abusive conduct (as Trustmay determine in its sole discretion).When Trust offers you this Promotion, itreserves the right to determine eligibility for this Promotion. You must have avalid Trust Card in good standing and not be in default of any provision of theTerms and Conditions for the Trust Card. In addition, Trust may discloseadditional limitations related to this Promotion when you sign-up for thisPromotion or in other materials provided or made available to you. Trustreserves the right, in its sole discretion, to determine whether you met allrequirements to be eligible for this Promotion. If your Trust account iscancelled, closed, or otherwise terminated for any reason, includingtermination of the account by Trust, your claim to this Promotion is forfeited.
3. Enrollment.There is no purchase, transaction, or payment necessary to enter.
There aretwo ways to validly submit Submissions in this Promotion for purposes of thedrawing:
1) You may use your Trust Card to makeeligible purchases aggregating at least $5,000.00 (net of refunds andchargebacks) (the “Purchase Amount”) over one week (Friday to Thursday) for anygiven week starting on November 26, 2021 and ending on the end date of thisPromotion (each such week, an “Eligible Period”). For each Eligible Period in whichyou meet the Purchase Amount, you will be granted an additional submission forpurposes of the drawing to determine the winner of the Promotion. For example,if you meet the Purchase Amount using your Trust Card duringthe first Eligible Period, you will be eligible for one submission to be usedfor the drawing. If you then meet the Purchase Amount using your Trust Cardduring the second Eligible Period, you will be granted an additional submissionfor purposes of the drawing. This will increase your chances of winning; or
2) You may enter via mail without making apurchase using your Trust Card by submitting a written request in compliancewith this paragraph during at least one Eligible Period. You must handprint and complete the followingon the front of a card or paper: your name, address, city, state, zip, e-mailaddress, Trust account number and telephone number and mail it to: 1207 4thSt., Suite 400A, Santa Monica, CA 90401Mail-in entries must include allrequested information herein to earn one (1) entry. Mail-in entries must bepostmarked by December 31, 2021 and received by January 4, 2021. Mailed entriesreceived without a name, address, city, state, zip, e-mail address, Trustaccount number and telephone number address will be deemed incomplete andinvalid. Requests for confirmation of receipt of mail-in entries will not beacknowledged. No photo copies, facsimiles or reproductions of mail-in entrywill be accepted. Trust is not responsible for late, lost, damaged, stolen,incomplete, illegible, postage due, or misdirected entries. Proof of mailingdoes not constitute proof of delivery. You may submit a writtenrequest in compliance with this paragraph for each Eligible Period.For each Eligible Period you submit a written request in compliance with thisparagraph, you will be granted an additional submission for purposes of the drawingto determine the winner of the Promotion. For example, if you submit a writtenrequest compliant with the terms herein during the first Eligible Period, youwill be eligible for one submission to be used for the drawing. If you thensubmit an additional written request compliant with the terms herein during thesecond Eligible Period, you will be granted an additional submission forpurposes of the drawing. This will increase your chances of winning.
Each validsubmission under 1) or 2) above shall constitute a “Submission.”
You mayhave more than one Submission, which will result in an increased chance ofwinning. Submissions received from any person in excess of the statedlimitation will be void, and that person may be disqualified from thisPromotion.
4. Noticeto Winner. The winner will be contacted via the email addressmaintained by Trust for such winner and will be required to respond to suchemail within 48 hours of the date and time email was sent to receive the prize.The winner will be required to complete and return any document needed tovalidate eligibility within five (5) days (including Saturdays, Sundays andHolidays) of first attempted delivery of the same. In the event a winner cannotbe contacted, fails to respond to the email within the allotted time, refusesthe prize, fails or refuses to timely return completed documents, or if a prizeor prize notification is returned as undeliverable, winner will be disqualifiedwithout further notice and an alternate winner may be selected in Trust’s solediscretion. A winner is subject to verification by Trust, whose decisions arefinal and binding. Any entrant is not a winner until after such entrant’seligibility and compliance with all requirements to claim a prize have beenverified and fulfilled, and the entrant has been notified that verification iscomplete. Trust assumes no responsibility for undeliverable emails resultingfrom any errors or for insufficient space in the user's account to receive anemail. Upon prize forfeiture or inability to use a prize or portion thereof, nocompensation will be given, and Trust will have no further obligation to thatparticipant.
5. Limitations. ThisPromotion may not be applied as a credit or offset to reduce the amount owed byyou to Trust, unless otherwise approved hereunder. You may not assign, transfer,sold or pledge this Promotion and prizes may not be transferred, pledged orsubstituted. This Promotion cannot be transferred or combined with other offersor promotions. This Promotion may change or be cancelled at any time, subjectto applicable law. If you violate these Terms or the Terms and Conditions forthe Trust Card, this Promotion will be invalid and Trust will be excused fromperformance under these Terms. Promotions are limited time offers. Promotionsare not available in areas where Trust does not offer its services.
7. Miscellaneous.Trust shall not be responsible for resolving any conflicting claims to this Promotion.In the event that all or part of this Promotion is found to be in violation ofapplicable law, Trust shall have no obligation to provide this Promotion to youfound to be in violation of that applicable law. Prize details and Promotionrules not specifically stated in these Terms will be determined in Trust’s solediscretion.
This Promotionis void where prohibited by law. You understand that Trust may revoke yourparticipation in this Promotion at any time. Your participation in anyPromotion is entirely voluntary and it is agreed and understood that theparticipation shall be deemed to have been made on a voluntary basis.
Any taxliability relating to this Promotion is your sole responsibility. For theavoidance of doubt, you are solely responsible for reporting and paying any andall applicable taxes related to the prize. Each winner will be subject to anonboarding verification process and is required to provide any requested taxreporting information before any prize is awarded including name, address,phone numbers, taxpayer identification number and other information reasonablyrequested by Trust. The value of any prize awarded to a winner will be reportedfor tax purposes as required by law. Any person receiving at least six hundreddollars from the Trust will receive an IRS Form 1099 at the end of the calendaryear and a copy of such form will be filed with the IRS. You are required tonotify Trust if any information provided hereunder changes, including thewinner's address.
Trust mayend this Promotion at any time for any reason or no reason, without noticeunless notice is required under law. Trustmay also in our sole discretion cancel, change, amend, modify, or restrict thisPromotion or any aspects, terms or features of this Promotion or these Terms atany time without prior notice for any reason or no reason (subject to anynotice requirements under applicable law). You consent to all such changes and that they will apply to you and thisPromotion. Unless otherwise prohibitedby law, all interpretations of these Terms will be determined by Trust in itssole discretion.
Trust maytemporarily or permanently disqualify you from participating in this Promotionand/or adjust or cause to be forfeited any or all Promotion rights accrued as aresult of your abusive behavior, fraud, misrepresentation, any violation of lawor any other violation of any of the terms or conditions of these Terms or the Termsand Conditions for the Trust Card, in each case as determined by Trust in itssole discretion.
ThisPromotion cannot be combined with Promotions or other discount or rewardprograms, unless specifically authorized by Trust.
You agreeto indemnify and hold Trust and its third-party service providers and theirrespective affiliates, directors, officers, employees, agents and contractors (“IndemnifiedParties”) harmless from and against any loss, damage, liability, cost, orexpense of any kind (including attorneys’ fees) arising from your or: (i)participation in this Promotion or acceptance/receipt/use or misuse of anyprize; (ii) your actions or omissions, including any fraud or misuse of thisPromotion; (iii) violation of these Terms; and/or (iv) violation of anyapplicable law or the rights of any third party. Acceptance of a prizeconstitutes permission for Trust to use winner’s name and information foradvertising and trade without further compensation, in any media, worldwide inperpetuity, unless prohibited by law.
If Trustdoes not credit, or improperly denies, your accrual or eligibility for thisPromotion to which you were otherwise entitled, then your exclusive remedy willbe the participation in and redemption of this Promotion, if available, or suchother alternative benefit as Trust, in its sole discretion, may determine. Neither Trust nor any of its affiliates,agents or representatives have any other or additional liability to you or anyother person for such error(s), subject to applicable law.
Notwithstandingany other provision of these Terms and subject to the immediately precedingparagraph, in no event will Trust or any of its respective affiliates,successors or agents be responsible or liable to you, or anyone claimingthrough you or on your behalf, for claims, damages or liability arising out ofparticipation in this Promotion or related to this Promotion, other than suchclaims, damages or liability directly caused specifically by our grossnegligence or willful misconduct, or for any indirect, special, exemplary,punitive or consequential damages, including without limitation lost revenue,lost profits, or lost opportunity, arising out of or relating to any of theacts or omissions of Trust or its service providers or any of their respectiveaffiliates or agents, or otherwise in connection with or relating to thisPromotion or its administration, even if we have been made aware of thepossibility of such damages. Inaddition, Trust makes no warranty or representation either expressed orimplied, and expressly disclaim any and all liability and damages with respectto type, quality or fitness for use of goods or services provided through or inconnection with this Promotion or the terms herein or otherwise obtained by youin connection with this Promotion. Notwithstanding anything to the contrary, Trust’smaximum aggregate liability to you for all claims arising out of or relating tothese Terms or to this Promotion shall not exceed the lesser of (i) the amountpaid by you to Trust over the prior twelve months in connection with this Promotion,and (ii) $10.
If thisPromotion is so cancelled or modified, Trust may, but shall not be required toaward a prize from among all eligible entries received prior to such action andTrust shall have no further obligation to any participant in connection withthis Promotion. Trust reserves the right to prohibit the participation of anyperson if fraud or tampering is suspected or if the participant fails to complywith any requirement of participation as stated herein or with any provision inthese Terms. Trust will not be responsible for any typographical or other errorin the printing of the offer, administration of this Promotion or in theannouncement of the prizes. You may not participate in this Promotion in anindividual capacity.
These Termsconstitute the entire agreement between you and us with respect to the subjectmatter of these Terms, and supersede all prior agreements or representations,written or oral, concerning such subject matter. In the event there is adiscrepancy or inconsistency between disclosures or other statements containedin promotional materials and the terms and conditions of these Terms, theseTerms shall prevail, govern and control.
8. Modification. Subject to applicable law, Trust reserves the right to modify/ change all orany of the terms and conditions applicable to this Promotion without assigningany reasons or without any prior intimation whatsoever. Subject to applicablelaw, Trust also reserves the right to discontinue this Promotion withoutassigning any reasons or without any prior intimation.
9. GoverningLaw and Arbitration.
These Termsshall be governed by the internal substantive laws of the State of California,without respect to its conflict of laws principles. The parties acknowledgethat these Terms evidence a transaction involving interstate commerce.Notwithstanding the preceding sentences with respect to the substantive law,any arbitration conducted pursuant to the terms of these Terms shall be governedby the Federal Arbitration Act (9 U.S.C. §§ 1-16). You agree to submit to thepersonal jurisdiction of the federal and state courts located in San Francisco,California. You agree that California is the proper forum for any appeals of anarbitration award or for trial court proceedings in the event that thearbitration provision below is found to be unenforceable.
Arbitration.READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIRDISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TRUST. For anydispute with Trust, you agree to first contact us at firstname.lastname@example.org andattempt to resolve the dispute with us informally. In the unlikely event thatTrust has not been able to resolve a dispute it has with you after sixty (60)days, we each agree to resolve any claim, dispute, or controversy (excludingany claims for injunctive or other equitable relief as provided below) arisingout of or in connection with or relating to these Terms, or the breach oralleged breach thereof (collectively, “Claims”), by binding arbitration byJAMS, under the Optional Expedited Arbitration Procedures then in effect forJAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. Thearbitration will be conducted in California, unless you and Trust agreeotherwise. Each party will be responsible for paying any JAMS filing,administrative and arbitrator fees in accordance with JAMS rules, and the awardrendered by the arbitrator shall include costs of arbitration, reasonableattorneys’ fees and reasonable costs for expert and other witnesses. Anyjudgment on the award rendered by the arbitrator may be entered in any court ofcompetent jurisdiction. Nothing in this section shall be deemed as preventingTrust from seeking injunctive or other equitable relief from the courts asnecessary to prevent the actual or threatened infringement, misappropriation,or violation of our data security, intellectual property rights or otherproprietary rights.
ClassAction/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, ALL CLAIMSMUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF ORCLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEYGENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING . THIS WAIVER APPLIES TOCLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOTCONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTOTHESE TERMS, YOU AND TRUST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TOPARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERALACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.