I accept the terms and conditions and set forth in these Official Sweepstakes Rules (“Official Rules”). I confirm I am at least 18 years old and a resident of the United States. By entering the sweepstakes, I agree these Official Rules.
No Purchase Necessary. A Purchase Will Not Increase Your Chances of Winning.
- Eligibility: The Graham Stephan April 23 2021 Sweepstakes (the “Sweepstakes”) is only open to residents of the United States who are at least eighteen (18) years of age on the date of entry and have not previously opened an account on Public.com. Employees, independent contractors, interns, officers, directors, and agents of Public Holdings, Inc. (“Public ”) or Graham Stephan are not eligible to enter the Sweepstakes, nor are their immediate families (spouses and siblings, parents and children and their spouses) or household members. This Sweepstakes is void where prohibited or restricted by law or where bonding, registration, or other requirements would be required but have not been met, or where the methods of entry set forth below would be deemed consideration. All applicable federal, state and local laws apply.
- Public: The Sweepstakes is sponsored and administered by Public, 1 State Street Fl 10, New York NY 10004.
- Agreement to Official Rules: By entering the Sweepstakes, you indicate your full and unconditional agreement to, and acceptance of these Official Rules as well as Public’s decisions with respect to the Sweepstakes, which decisions are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Entry Period: The Sweepstakes begins at 12:01 a.m. EST on April 23, 2021 and ends on 11:59 p.m. EST on May 7, 2021 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Public’s computer is the official timekeeping device for the Sweepstakes.
- How to Enter:
- To enter the Sweepstakes, (i) enter your phone number at www.public.com/grahamto receive a download link by text message; (ii) follow the link to download the Public mobil app from the Apple App Store or the Google Play Store, (iii) open a new account on Public; and (iv) deposit at least $100 in your new Public account. As mentioned above, individuals who have previously opened a Public account are not eligible for this Sweepstakes.
b. You may also enter the Sweepstakes by mail as follows. On a plain 3” x 5” index card, legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address. Mail your completed 3” x 5” card to Public, Attn: Graham Stephan April 23 2021 Sweepstakes; 1 State Street Fl 10, New York NY 10004. To be considered eligible in the Sweepstakes, your entry must be postmarked no later than 11:59 p.m. EST on May 13, 2021. Each card received will be considered as one entry for that entrant.
- Number of Entries: There is a limit of one (1) entry per person. Multiple entries will not be acknowledged. The use of an agency or any automated system to enter is strictly prohibited and Public reserves the right to disqualify any entries received through such methods, as determined by Public, in its sole discretion.
- Drawing: After the Entry Period, on or about May 20, 2021, Public will select one potential winner in a random drawing of all entries received (the “Winner ”). The odds of being selected depend on the number of entries received.
- Notification and Requirements of Potential Winners: Public will notify the winner by email within five (5) business days of the drawing. If a potential winner does not respond within five (5) business days after the notice is sent, he or she will be deemed to have forfeited the Prize Pack (defined below) and Public will select an alternate winner in his/her place at random from all remaining entries received. Only three (3) alternate potential winners will be contacted. Except where prohibited, a potential winner shall be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted.
- Acceptance of Prize. By entering the Sweepstakes and accepting the Prize (defined below), you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Public, within seven (7) days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Public. If winner does not return such affidavit, an alternative winner may be selected. Winners may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the Prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive the Prize
- Prize(s): The winner selected by Public shall receive, from Graham Stephan, one share of Common Stock of Tesla, Inc. (the “Prize ”). The Prize will be deposited by Public in the winner’s Public brokerage account.
- Taxes: The Winner is responsible for paying any applicable income and other taxes relating to the Prize.
- General Conditions: Any prize details not specified above may be determined by Public in its sole discretion. Public reserves the right to modify these Official Rules in any way or at any time. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Public may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules, or (b) award the prize(s) at random from among the eligible entries received up to the time of the impairment. Any person attempting to defraud or in any way tamper with this Sweepstakes may be prosecuted to the full extent of the law. Public 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. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Public reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Public to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Public by mail shall not be deemed proof of receipt of that communication by Public. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
- Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless Public, its parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or incomplete entries or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; (f) the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of any of the prizes; (g) the administration of the Sweepstakes, (h) yours and/or any third party’s use, sale, or disposal of any prize; (i) dissatisfaction with the prizes; or (j) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize. You acknowledge that Public has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prizes (any written warranty by the manufacturer concerning the prizes will be provided along with the prizes). You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- Use of Entrant Information: By entering the Sweepstakes, you acknowledge and agree that Public will use your information, including, without limitation, your e-mail address, for general solicitation, marketing, or other business or promotional activities in connection with the services and products provided by Public. You may at any time revoke the use of such information by providing written notice to.
- Disputes: Except where prohibited, you agree that agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York county, New York; (b) 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 (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to, claim punitive, incidental and consequential damages and any other damages, other than 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, Entrant’s rights and obligations, or the rights and obligations of the Public in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.
- Third Party Platforms: If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Facebook or Twitter) (“Third Party Platform”), then by participating in this Sweepstakes, entrants hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.
- Results: To request a winners list, send a self-addressed, stamped envelope to Public, 1 State Street Fl 10, New York NY 10004, Attn: Acquisition Marketing. Requests must be received within four (4) weeks of the end of the Entry Period.