FOURTH QUARTER 2018 M&T BANK CUSTOMER SATISFACTION SURVEY SWEEPSTAKES
NO PURCHASE, ACCOUNT OPENING, ACCOUNT DEPOSIT, PAYMENT OR CONSIDERATION IS NECESSARY TO ENTER THE SWEEPSTAKES OR TO WIN A PRIZE. Completion of the Survey (defined below) will not improve an entrant’s chances of winning a prize. The Fourth Quarter 2018 M&T Bank Customer Satisfaction Survey Sweepstakes (“Sweepstakes”) starts at 12:01 a.m. ET on October 1, 2018 and ends at 11:59 p.m. ET on December 31, 2018 (“Promotion Period”).
ENTRY: There are two (2) ways that you may enter the Sweepstakes (each referred to in these Official Rules as an “Entry Method” or, if in the plural, the “Entry Methods”).
You will be entered into the Sweepstakes when you complete and submit The Fourth Quarter 2018 M&T Bank Customer Satisfaction Survey (“Survey”) and provide the Sweepstakes entry-related information that is requested at the end of the Survey. This method of entry is referred to herein as the “On-Line Entry Method”. The Survey is available at the following websites, which you will be directed to depending on whether the Sponsor (defined below) informs you about the Survey pursuant to, respectively, a transaction receipt, sponsor web site or an e-mail: https://www.mandtbanksurvey.com and https://ao.mandtbanksurvey.com.
Should you wish to enter without utilizing the On-Line Entry Method (that is, without completing the Survey), you may do so by hand-printing your name, address, phone number, age and, if available, email address on a 3" x 5" paper and mailing it to: The Fourth Quarter 2018 M&T Bank Customer Satisfaction Survey Alternate Entry, P.O. Box 6092, Clear Lake, MN 55319. (This method of entry is referred to herein as the “Alternate Entry Method.”) Alternate Entry Method entries must be hand printed, mailed separately and bear sufficient postage. Any incomplete or mechanically reproduced entries will be disqualified. Automated mail entries, or those made using script, macro, sweepstakes service, automated entry software, or facsimiles will NOT be accepted.
You will receive an entry into the Sweepstakes: (1) each time you validly complete a Survey and choose to enter the Sweepstakes at the end of the Survey and (2) each time we receive an Alternate Entry Method submission from you. During the Promotion Period and subject to the limitation described in the sentence that immediately follows, you may complete and submit multiple Surveys, or tender multiple entries by the Alternate Entry Method, or both. It should be noted, however, that when – as described above – you are told about, and provided with a code to complete, the Survey pursuant to a transaction receipt, the Survey can only be taken two (2) times per week. There is a limit of two entries per week that you can submit pursuant to the Alternate Entry Method.
The Sweepstakes is sponsored by M&T Bank (“Sponsor”). Sponsor is not responsible for illegible, lost, late or misdirected or postage-due entries, or for phone, electronic, network, computer, hardware or software malfunctions, failures or difficulties.
The Sweepstakes ends on December 31, 2018 at 11:59 p.m. ET, which is the deadline for entries completed by the On-Line Entry Method. Entries completed by the Alternate Entry Method must be postmarked by December 31, 2018 and received by January 7, 2019.
PRIZES: One (1) Grand Prize of $500 and Five (5) First Prizes of $100 each (collectively, the “Prizes” or, if individually, the “Prize”) are available to be won. The total estimated retail value of all Prizes to be awarded is $1,000. Prizes may not be transferred or exchanged except at the discretion of the Sponsor. Taxes are the sole responsibility of each of the Prize winners (“Winners” or, if referenced individually, each a “Winner”). The Grand Prize winner will receive a 1099 Tax Statement noted as Other Income. Any Winner may be required to sign an IRS W-9 or its equivalent.
WINNER SELECTION: Winners will be determined on or about January 8, 2019 by Innovative Processing, Inc., an independent agency, pursuant to a series of random drawings, during which the Winners of the six (6) Prizes will be selected from amongst all eligible entries received by both of the Entry Methods. Each entrant will be eligible to win only one Prize. Odds of winning the Sweepstakes depend on the number of eligible entries received by both Entry Methods. Winners will be notified by mail, phone, and/or e-mail. Return or rejection of the Prize notification within 5 days for any reason will cause the Prize to be forfeited and awarded to an alternate winner (also randomly selected from all eligible entries).
ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 U.S. States and the District of Columbia who are 18 years of age or older at the time of entry. Employees (and their immediate families and persons who reside in the same household) of the Sweepstakes Entities (defined below), their parents, subsidiaries, affiliated companies, agencies, associates, clients and suppliers are not eligible to enter into or win the Sweepstakes. VOID WHERE PROHIBITED BY LAW.
GENERAL: By entering the Sweepstakes, you accept and agree to be bound by these Official Rules and all decisions of Sponsor, MaritzCX and Innovative Processing, Inc. (collectively, the “Sweepstakes Entities”), which are to be deemed final. Sweepstakes entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to Sponsor. Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend the Sweepstakes should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration of the Sweepstakes. In such cases, Sponsor may select the Winner from all eligible entries received prior to and/or after (if applicable) the action taken by Sponsor. At its sole discretion, Sponsor may disqualify any person whom it considers to have intentionally violated these Official Rules or any element of the Sweepstakes (including, without limitation, the above-described “two Surveys per week” rule). Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception (including the use of automated quick entry programs) or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or the Sweepstakes Entities. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor or the other Sweepstakes Entities and to waive any right to claim ambiguity in these Official Rules. The Prizes will be awarded upon the condition that the Sweepstakes Entities shall have no liability whatsoever and shall be, and hereby are, released, discharged, indemnified, and held harmless for any typographical or other error in printing, offering or announcement of any Prize or for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from participation in the Survey or the Sweepstakes, including, without limitation, the winning and/or use of any Prize. Sweepstakes entrants agree to sign any documents that the Sponsor may request to evidence the foregoing. Without limiting the foregoing, the Sweepstakes and the Prizes are provided “AS IS” without representation of warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages, or exclusion of the implied warranties, so some of the aforementioned limitations or exclusions may not apply. Check local laws for any restrictions or conditions regarding these limitations and/or exclusions. The Sweepstakes Entities are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by technical or human error which may occur and/or which may damage a user's system, hardware or software or limit a participant's ability to participate in the Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CIVIL LAW. SHOULD AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Except where legally prohibited, Winners grant (and agree to confirm they grant in writing) permission for Sponsor and those acting under its authority to use his/her name, photograph, voice, testimonial and/or likeness, for advertising, trade and/or publicity purposes without additional compensation. Sponsor reserves the right, in its sole discretion, to cancel, terminate or suspend the Sweepstakes and will post notice of cancellation at https://www.mandtbanksurvey.com. In the event of a dispute regarding Prize claims or entries received from multiple users having the same e-mail account, the Authorized Subscriber (defined herein) of the e-mail account at the time of entry used to enter will be deemed to be the entrant and must comply with these Official Rules. For purposes of the foregoing sentence, “Authorized Subscriber” is the natural person who is assigned the e-mail address by the Internet Service Provider, on-line service provider, or other organization responsible for assigning e-mail addresses.
WINNERS LIST: For the names of the Winners, mail a self-addressed, stamped envelope, to be received before February 28, 2019 to: Fourth Quarter 2018 M&T Bank Customer Satisfaction Survey Sweepstakes Winner List, P.O. Box 240, Clear Lake, MN 55319. Vermont residents may omit return postage.
APPLICABLE LAW: These rules are governed by the laws of the State of New York without giving effect to conflicts of law rules.
ARBITRATION: Except where prohibited by law, as a further condition of participating in the Sweepstakes, entrant agrees that (a) any and all disputes 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 final and binding arbitration in accordance with the Federal Arbitration Act (“FAA”, title 9 of the United States Code) under the auspices of the American Arbitration Association ("AAA"); (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO THIS PROMOTION, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF YOUR ENTRY, YOU MAY OPT-OUT OF THIS, AND ONLY THIS, PART OF THESE OFFICIAL RULES BY NOTIFYING THE SPONSOR OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO: M&T BANK, REGULATORY SUPPORT, PO BOX 1468, BUFFALO, NEW YORK 14240-1468 (ATTN: ARBITRATION REJECTION). Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorney's fees, and entrant further waives all rights to have damages multiplied or increased.
SPONSOR: M&T Bank, One M&T Plaza, Buffalo, NY 14203-2399.