The Acorns Long Game Sweepstakes
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCES OF WINNING.
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.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
ELIGIBILITY: The Acorns Long Game Sweepstakes (“Sweepstakes”) is a game of chance that is based on the performance of U.S. Men’s tennis pro Tommy Paul in an international tennis tournament taking place in New York August 28 - September 10, 2023 (the “Tournament”) and is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States (or the District of Columbia), who are at least eighteen (18) years of age as of time/date of entry. Employees, officers and directors of Acorns Grow Incorporated (“Sponsor”), Realtime Media LLC (“Administrator”) and their respective parent companies, affiliates, subsidiaries, advertising, sweepstakes, fulfillment and marketing agencies (collectively, the “Sweepstakes Parties”), their immediate family members and those living in the same household as such individuals (whether legally related or not) are not eligible to participate in the Sweepstakes or win a prize. For purposes of this Sweepstakes, 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. By participating, you agree to these Official Rules and to the decisions of the Sponsor and Administrator, which are final and binding in all respects. Void where prohibited by law, rule or regulation. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
TIMING: The Sweepstakes begins on or about 9:00:00 a.m. Eastern Time (“ET”) on August 16, 2023, and ends on or before 11:59:59 p.m. ET on September 10, 2023 or twenty-four (24) hours after Tommy Paul’s final match in the Tournament, whichever is earlier (the “Sweepstakes Period”). The designated computer clock of the Sponsor is the official time-keeping device in the Sweepstakes.
HOW TO ENTER THE SWEEPSTAKES: There are two (2) methods of entry for this Sweepstakes, and you may enter as follows:
Acorns Account and Online Registration: During the Sweepstakes Period, if you are eligible and are interested in opening a new Acorns Account, visit acorns.com/tommypaul (the “Website”) and sign up for a new Acorns Account. You must provide your accurate information including your full name, a valid email address, mailing address (no P.O. Boxes), and your date of birth, as well as any other details required to create an Account. If you enter via this method, your Acorns Account must be verified and in good standing at all times between the date you entered the Sweepstakes and the date at which the applicable prize is fulfilled. Each potential winner is subject to Sponsor’s verification of eligibility according to these Official Rules. You can learn more about Acorns here: www.acorns.com. Once you have opened the new Acorns Account, you will automatically receive one (1) entry into the Sweepstakes, subject to the limit below. No responsibility is assumed for: technical, electronic, telephone, hardware, software or network, computer or data transmission errors, malfunctions, or difficulties of any kind; or (ii) any incorrect data contained in any Sweepstakes entry obtained via this method.
Mail-In Alternate Method of Entry: During the Sweepstakes Period, to enter the Sweepstakes without opening a new Acorns Account or if you already have an Acorns Account, legibly handprint your full name, full mailing address (no P.O. Boxes), email address, phone number, and birth date on a plain 3x5 inch paper or 3x5 card. Mail your completed entry to Realtime Media, Attn: Acorns Long Game Sweepstakes Entry, 1001 Conshohocken State Road, Suite 2–130, West Conshohocken, PA 19428. Your entry must be mailed separately in a hand-addressed, stamped envelope. No photocopied or mechanically reproduced entries will be accepted. Sponsor is not responsible for postage-due entries or for any incorrect or illegible data contained in any Sweepstakes entry. Mail-in entries must be postmarked by September 11, 2023 and received no later than September 14, 2023 to be eligible for the Sweepstakes drawing. All mailed-in entries become the property of Sponsor and will not be returned or acknowledged. If you enter via this method of entry, you will receive one (1) entry into the Sweepstakes, subject to the limit below.
LIMIT: Only one (1) Sweepstakes entry per person during the Sweepstakes Period, regardless of method of entry or combination of methods of entry. Any attempt by any person to obtain more than one (1) Sweepstakes entry may result in disqualification from eligibility for any prize. Mechanical reproductions, postage-due, or Mail-In Entries sent in excess of the entry limits set forth below will not be accepted.
SWEEPSTAKES DRAWINGS/PRIZE DETERMINATION: There will be up to seven (7) winners selected within this Sweepstakes, one (1) for each match that Tommy Paul plays in during the Tournament. For each match, Sponsor will calculate the number of shots in the longest winning rally of the match (where Tommy Paul won the point), up to a maximum of fifty (50) shots which will be the “multiplier” for that match. There will be one (1) prize available in this Sweepstakes for every match in which Tommy Paul plays, with a minimum of one (1) and up to a total of seven (7) matches. The prize is calculated as $1,000 times the applicable multiplier for that match and will range between $1,000 and $50,000. As an illustration, if Tommy Paul plays in three (3) matches before being eliminated and the longest winning rally in the first match is five shots (5), in the second match is three shots (3), and in the third match is two shots (2), there will be three (3) prizes available in this Sweepstakes, one for $5,000, one for $3,000, and the other for $2,000. On or around September 15, 2023, Administrator will select the potential winners through a random drawing from among all eligible entries received in accordance with these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, of the determination of the multiplier and of the number of applicable matches, and of selection of the winners. Decisions of the Sponsor as to the selection of the winners will be final.
ODDS: Odds of winning a Sweepstakes prize depend on the total number of eligible entries received during the Sweepstakes Period as well as the final number of prizes to be awarded (see Section 4, above for more detail).
WINNER NOTIFICATION/PRIZE CLAIMING: The potential prize winners will be notified using the email address information provided during entry in a commercially reasonable time after the drawing. The Sweepstakes Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email. As part of the winner notification process, each potential winner will be required to complete and submit a prize redemption form (“Redemption Form”) and a declaration of eligibility / release of liability / prize acceptance agreement (collectively, the “Declaration”) within seven (7) days of notification as a condition of receiving a prize. If any potential winner fails or refuses to sign and return such Redemption Form and/or Declaration within the required time or if the Redemption Form or Declaration is returned as rejected, faulty, unclaimed or returned as undeliverable to the potential winner, or if a potential winner is determined to be ineligible for any reason, potential winner will be disqualified and an alternate will be selected, up to three (3) alternates, after which the applicable prize will remain un-awarded. P.O. Boxes are not permitted. The Sweepstakes Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages.
Non-compliance shall result in disqualification and award to an alternate winner. A potential winner becomes a “Winner” only after verification of eligibility by Sponsor, including verification of Account standing as specified above, depending on method of entry. If a potential winner has an Account that cannot be verified as above or if potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit the prize and an alternate winner will be selected from among all remaining eligible entries. No more than the stated number of prizes will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of prizes set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner(s).
PRIZE(S)/PRIZE RESTRICTIONS: There will be a minimum of one (1) $1,000 prize awarded in this Sweepstakes and a maximum of seven (7) prizes valued up to $50,000 each awarded in this Sweepstakes, based on Tommy Paul’s performance in the Tournament as specified in Section 4, above. If a confirmed winner entered via the Acorns Account and Online Registration method of entry, the prize amount will be deposited into winner’s Acorns Invest Account. If a confirmed winner entered via the Mail-In Alternate Method of Entry, the prize amount will be fulfilled as a check made out to the winner, unless winner was an existing Acorns Account holder, in which case it will be up to the Sponsor whether to fulfill as a deposit or a check. The Approximate Retail Value (“ARV”) of each prize (a minimum of one (1) prize and a maximum of seven (7) prizes) will be between $1,000 and $50,000. The total ARV of all of the prizes awarded in this Sweepstakes will be between $1,000 and $350,000, depending on the results of the Tournament.
If a potential winner entered via the Acorns Account method of entry, in order to be eligible to receive a prize, the potential winner’s Acorns Account must be open, active, and in good standing, as determined by Sponsor, in its sole discretion. If a potential winner entered via the Mail-In method of entry, the potential winner will not be required to open an Acorns Account to receive the prize. All other requirements are applicable.
Prizes are non-transferable, with no cash redemptions, equivalents, or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with a prize, the Sponsor may elect to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Each prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize received, regardless of whether the prize, in whole or in part, is used. The ARV of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner will be reported for tax purposes as required by law. Each winner will be required to provide Sponsor/Administrator with a valid social security number before the prize will be awarded, for tax reporting purposes. An IRS Form 1099 will be issued in the name of each winner, for the actual value of the prize received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed and all necessary documentation is received in a timely manner, will be awarded. The Sweepstakes Parties are not responsible for and will not replace any lost, mutilated, or stolen prizes or any prize that is undeliverable or does not reach the winner because of incorrect information. If a winner does not accept the prize within seven (7) days of notification (see Section 6), the unaccepted prize will be forfeited, and the Sweepstakes Parties will have no further obligation with respect to that prize or portion of the prize for that person. No more than the specified stated prizes, based on Tommy Paul’s performance in the Tournament, will be awarded. The Sweepstakes Parties are not responsible for, and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Limit of one (1) prize per person and per household. Prizes will be fulfilled by deposit into winner’s Acorns Account or via check made out to the winner, depending on method of entry, within two(2) to four (4) weeks after the applicable winner is confirmed after the end of the Sweepstakes.
GENERAL: Subject to applicable law, each winner hereby expressly grants to the Sweepstakes Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish his/her name, social handles, likeness (photographic or simulated), voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Sweepstakes (“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation, except for the awarding of the prize(s) to the winner(s). All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Sweepstakes Parties do not assume any responsibility for any disruption in the Sweepstakes, including, but not limited to, the failure or interruption of any social media platform or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Sweepstakes Parties and may be changed from time to time without notice. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (I) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an unsportsmanlike manner.
CONDUCT: The Sweepstakes Parties are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The Sweepstakes Parties reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Sweepstakes, or to be acting in any manner deemed by the Sweepstakes Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Sweepstakes Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
WAIVERS AND DISCLAIMERS: he Sweepstakes Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries or registrations at any point in the operation of this Sweepstakes; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (e) inaccessibility or unavailability of the Internet or the Website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, or registrations, the announcement of the prizes, or in any other Sweepstakes-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Sweepstakes. If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then the Sweepstakes Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. If terminated, the Sweepstakes Parties will award the prizes from among all non-suspect, eligible entries received for the Sweepstakes up to the time of such action. View important disclosures at www.acorns.com/tommypaul. Investment advisory services offered by Acorns Advisers, LLC, an SEC-registered investment advisor. Brokerage services are provided to clients of Acorns by Acorns Securities, LLC, an SEC-registered broker-dealer and member FINRA/SIPC. For more information visit Acorns.com.
RELEASES: All participants, as a condition of participation in this Sweepstakes, agree to release, discharge, indemnify and hold harmless the Sweepstakes Parties and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (a) participation in any aspect of the Sweepstakes (including travel to/from any Sweepstakes activity), (ii) the receipt, ownership, use or misuse of any prize awarded, including any travel associated with any prize, (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (iv) participant’s registration material on any related website, or (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) 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, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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 NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ 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 YOU.
DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in the State of California, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in the State of California. Federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in of the State of California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
WIN LIST: To receive the list of winner(s) of prize(s), send a #10 self-addressed, stamped envelope for receipt by September 15, 2023, to: Acorns Long Game Sweepstakes - Win List Request, c/o Realtime Media, 1001 Conshohocken State Road, STE 2–100, West Conshohocken, PA 19428.
SPONSOR: Acorns Grow Incorporated, 5300 California Ave., Irvine, CA 92617. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or Sweepstakes.
ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, STE 2–100,