Remittance Service Agreement

SENDWAVE SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE OF MONEY TRANSMISSON SERVICES OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. SUCH PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING. ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

The “Win a flight to Nigeria with Sendwave!” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America (“U.S.A.”) and shall only be construed and evaluated according to U.S. law and applicable state law. You are not eligible to enter this Sweepstakes if you are not located in the U.S.A. at the time of entry.

SPONSOR: ‍

The Sweepstakes is sponsored by Chime Inc (dba Sendwave) 100 Hano Street, Suite #9, Boston MA 02134 (the “Sponsor”). This Sweepstakes may be canceled or postponed by the Sponsor, at any time, in its sole discretion.

ELIGIBILITY:

‍The Sweepstakes is open only to individuals who are legal permanent residents of the United States and who have reached the legal age of maturity in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty- one (21) in Mississippi) in their state of jurisdiction of residence at the time/date of entry. (the “Entrants”). Employees, officers and representatives of the Sponsor, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouses; biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. VOID IN GUAM, PUERTO RICO AND U.S. VIRGIN ISLANDS AND WHERE PROHIBITED OR RESTRICTED BY LAW. (For the avoidance of doubt, any references in these Rules to Entrants (as defined below) shall also include the Entrants who are deemed the Winners).

AGREEMENT TO OFFICIAL RULES:

‍By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER THE SWEEPSTAKES:

‍The Sweepstakes begins at 12:00:01 a.m. Eastern Standard Time (“EST”) on November 13th, 2023 and ends at 11:59:59 p.m. EST on November 27th, 2023 (“Sweepstake Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes.

HOW TO ENTER THE PROMOTION:

There are two ways to enter this Promotion:
a. MONEY TRANSFER: To enter, log into your Sendwave account and within the Sweepstake Period, complete a money transfer transaction of a minimum amount of: one hundred United States dollars to someone you know in Nigeria. Upon completing your money transfer/s, you will receive one (1) entry into the Sweepstakes.
b. A completed money transfer transaction means a transaction that has been successfully paid out to and received by the intended recipient using the Sendwave app. Transactions which are incomplete, voided, undelivered or refunded, for whatever reason will not be considered as a money transfer for the purposes of this Promotion.
c. ALTERNATE METHOD OF ENTRY (AMOE): To enter without completing a money transfer, visit www.sendwave.com/win-a-flight-to-nigeria (the "Website") and enter your true and correct information, including your email address associated with your Sendwave account, on the registration form in the required fields (required fields include full name and phone number). Upon registering, you will receive one (1) Entry into the Prize Draw.

There is a limit of one (1) entry per person, regardless of what method of entry is chosen by the entrant. All duplicate entries will be automatically disqualified.
d. There is no additional entry fee to enter the Promotion.
e. The Sponsor reserves the right to reject an entry, where an Entrant is in breach of these Promotion terms and conditions and / or where any money transfer is made and / or entry received by us before or after the Promotion Period.
f. Unfortunately we cannot accept responsibility for any entries not received by us for any reason and we cannot guarantee entry for mis-spelt, corrupt or ineligible entries, or entries where any of the information provided is incorrect.
g. We will not tolerate any attempts to excessively manipulate the outcome in any of our Promotions. No bulk, automated, machine assisted, third-party, syndicate, or other group entries will be accepted, including using multiple emails or Sendwave accounts. We will disqualify any entries which appear to have used any of these methods.

LIMIT ONE (1) TOTAL ENTRIES PER ENTRANT. Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes’ subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void.

Released Parties are not responsible for: late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for lost, incomplete, ineligible, late, misdirected, delayed, garbled, damaged, inaccurate, stolen, postage-due, or mutilated entries or mail; any error, omission, interruption, defect or delay in transmission., transmission processing, technical or mechanical malfunction, errors in these Rules, human processing error, failures of electronic equipment, computer hardware or software; inaccurate entry information, whether caused by equipment, programming used in this Sweepstakes, human error or otherwise. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted; any entries received by such means will be void. Sponsor reserves the right, in its sole discretions, to void any and all entries of an entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the sole purpose of administering this Sweepstakes. All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at https://www.Sendwave.com/privacy-policy. By entering the Sweepstakes and providing their email address and other contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted the Sponsor’s Privacy Policy.

GENERAL CONDITIONS:

‍If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs; (ii) tampering, unauthorized intervention; (iii) fraud; (iv) technical failures or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award a Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND 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.

Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

RELEASE AND LIMITATIONS OF LIABILITY:

‍By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor (collectively, 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: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, 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 of any Prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees 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 fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control (a "Force Majeure Event").

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

DRAWING AND NOTIFICATION:

‍The potential prize winners will be selected in a random drawing from among all eligible entries received throughout the Sweepstakes Period (“Prize Winner”). The Prize drawing will be conducted by the Sponsor, whose decisions are final and binding. The Prize drawing will be conducted on November 29th, 2022. Winners will be contacted by the Sponsor via phone and/or email. Odds of winning a Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period.

PRIZES:

PRIZES: There are three (3) individual prizes available to be won in this Promotion, each consisting of a round-trip flight up to the value of USD$1000 (the “Prize”). The total approximate retail value of all Prizes is USD $3,000.00. Each Prize includes a round trip ticket awarded to a single Sendwave user to their destination of choice up to the value of USD $1,000.00 only.

Prizes will only be awarded upon winner redemption, confirmation, verification and final approval of the Sponsor. Winners will be required to sign an eligibility and liability release and any winners from the United States will be required to complete a 1099 tax form in order to receive the Prize. The Prize will be fulfilled by a third-party provider, Flight Gift www.flightgift.com - The winner’s details will be provided to Flight Gift and the winners will be required to work with Flight Gift to redeem their prize and book their flights. Sponsor
reserves the right to change the third-party provider. In order to redeem a Prize, the winner will need to agree to any terms and conditions of the third-party agency and airlines, including timeframes for redemption and bookings, otherwise the Prize  will be invalidated.

If the cost of the flight is more than USD $ 1,000, the winner will be required to pay the additional cost for the flight. If the price of the flight is less than USD$1,000, the winner will be given the remaining balance as a credit voucher. The same rules as outlined in these terms and conditions will apply to any subsequent flight booked with the credit voucher. All winners are responsible for ensuring they meet any legal requirements for travel including holding a valid passport and any visa requirements. Prize may be considered a taxable benefit and the winner will be directly responsible for any taxes payable.

All other expenses associated with Prize acceptance or usage not specifically mentioned herein are the responsibility of the Winners. NOTE: Substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize with another of equal or greater value.

PRIZE CONDITIONS:

‍By accepting a Prize, the Winners agree to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of their Prize. The Winners must sign and return to the Sponsor, within five (5) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. The Winner may also be asked to complete an IRS Form W9. Note: The Affidavit sent to the potential Winners will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting (IRS Form 1099) purposes. The Winner is responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Winners must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The Winners are solely responsible for all matters relating to their Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not respond as instructed within 30 days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.

BY ACCEPTING A PRIZE, WHERE PERMITTED BY LAW, THE WINNERS GRANT TO THE RELEASED PARTIES AND THOSE ACTING PURSUANT TO THE AUTHORITY OF SPONSOR AND THE RELEASED PARTIES (WHICH GRANT WILL BE CONFIRMED IN WRITING UPON SPONSOR’S REQUEST), THE RIGHT TO PRINT, PUBLISH, BROADCAST AND USE WORLDWIDE IN ALL MEDIA WITHOUT LIMITATION AT ANY TIME THEIR FULL NAME, PORTRAIT, PICTURE OR VIDEO, VOICE, LIKENESS AND/OR BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE AND PROMOTIONAL PURPOSES WITHOUT FURTHER PAYMENT OR ADDITIONAL CONSIDERATION, AND WITHOUT REVIEW, APPROVAL OR NOTIFICATION. 

IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(S).

BY PARTICIPATING, ENTRANTS RELEASE AND AGREE TO HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR ANY INJURIES, DEATH OR LOSSES OR DAMAGES TO PERSONS OR PROPERTY AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY THAT MAY ARISE FROM PARTICIPATING IN THIS SWEEPSTAKES OR ITS RELATED ACTIVITIES OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(S). THE WINNERS ALSO ACKNOWLEDGE THAT RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THEIR PRIZE.

DISPUTES:

By entering the Sweepstakes, Entrants agree that: (i) 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;( ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorney fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with U.S. law. Any legal proceedings arising out of this Sweepstakes or relating to these Official

Rules shall be instituted only in the federal or state courts of Colorado, and the parties’ consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

SEVERABILITY:

‍The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

MISCELLANEOUS:

‍These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor. The waiver by Sponsor of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor and Entrant.

WINNERS LIST REQUEST:

‍To request confirmation of the name, city, and state of residence of each Winner, please send a self-addressed, stamped business-size envelope, To: ASC/Sendwave Corp. Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, by January 1, 2024, NY 14614.