South Dakota – Empire Mall $500 Visa card Promotion

OFFICIAL RULES:

MARKETPLACE HOME MORTGAGE, L.L.C.

Empire Mall $500 Visa Card Promotion

DESCRIPTION:  Empire Mall $500 Visa card promotion (“Promotion”) begins at 8:00 a.m. CT on August 1, 2018 and ends at 5:00 p.m. CT on November 23, 2018 (“Promotion Period”).  After the end of the Promotion Period, any newly submitted application to Marketplace with a credit report review for a residential home mortgage for real property located in the State of South Dakota will not qualify the household for the Promotion.  Marketplace Home Mortgage, L.L.C. (“Marketplace”) is the sponsor of this Promotion, and neither Empire Mall nor Visa, nor any of their respective owners, affiliates or business partners are responsible for any part of this Promotion.  The Promotion will be subject to these Official Rules and all participants who accept the Empire Mall $500 Visa card agree to be bound by the terms and conditions herein.

ELIGIBILITY: Open to legal residents of the United States and D.C., age 18 or older or the age of majority in your state of legal residence, whichever is older.  Void where prohibited by law.  All Marketplace employees, directors and officers, as well as their immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not), are not eligible to participate.  At the time of closing on a residential home mortgage for real property located in the State of South Dakota that occurs on or before April 30, 2019, Marketplace will give one (1) Empire Mall Visa card in the amount of Five Hundred and no/100ths Dollars (U.S. $500.00), as long as the application and initial credit report review for the same closed loan was submitted to Marketplace within the Promotion Period.  Limit one per household.  The Promotion is subject to all applicable federal, state, municipal, territorial and local laws and regulations.  Participation in this Promotion constitutes full and unconditional agreement to these Official Rules.  The decisions of Marketplace with regards to eligibility and all Official Rules for this Promotion shall be final and binding.

Empire Mall $500 Visa card PRIZE: Each household will receive one (1) Empire Mall Visa card in the amount of Five Hundred and no/100ths Dollars (U.S. $500.00) at closing on a residential home mortgage loan closed on or before April 30, 2019, as long as the application and initial credit report review for the same closed loan was submitted to Marketplace within the Promotion Period.  In no instance whatsoever, other than subject to availability as determined in the sole discretion of Marketplace, will the Promotion award be substituted for anything other than an Empire Mall $500 Visa card.  No prize award substitutions allowed.  Empire Mall Visa cards are non-transferable and are not redeemable for cash.  All expenses associated with the use and/or redemption of the Empire Mall Visa card, including all applicable taxes, are the sole responsibility of participant.  Participant must be present at a completed closing on or before April 30, 2019, to be eligible for Promotion.  Participants are responsible for any income tax or tax withholdings resulting from participation.

GENERAL RULES: Marketplace reserves the right at its sole discretion to modify, terminate or suspend all or portion of this Promotion should non-authorized human interference, fraud, printing errors, Internet viruses, hackers or other causes beyond the control of Marketplace corrupt or impair administration, security, fairness or proper operation of this Promotion.  Marketplace assumes no responsibility for lost, late or illegible documentation or Empire Mall Visa cards.  Marketplace is not liable for injury, loss or damage of any kind resulting from acceptance or use of an Empire Mall Visa card or participation in this Promotion.

By participating in this Promotion, each participant agrees to Marketplace contacting participant for the purposes of administering the Promotion and distributing any prize and award.  Certain nonpublic personal information with respect to you and/or your current loan may be collected in connection with the Promotion.  All questions or disputes regarding eligibility for this Promotion, as well as the award, or a participant’s compliance with these Official Rules will be resolved by Marketplace in its sole discretion.

Limitation of Liability:  Marketplace is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with this Promotion, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Marketplace or any related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Promotion or the production or distribution of Promotion materials (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS PROMOTION OR MERCHANDISE OR SERVICES OFFERED, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF MARKETPLACE IMPROPERLY DENIES A PARTICIPANT ANY PRIZE, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF APPROXIMATE RETAIL VALUE. BY PARTICIPATING IN THIS PROMOTION, EACH PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND 1 YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to all.  As a condition of participating, each participant agrees that: (a) any action at law or in equity arising out of or relating to these Official Rules or the website shall be filed, and that venue properly lies, only in state or federal courts located in Minneapolis, Minnesota, and participants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; (c) any and all claims shall be resolved individually, without resort to any form of class action; and (d) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  These Official Rules and the Promotion shall be governed by and construed in accordance with the laws of the State of Minnesota and the laws of the United States, without giving effect to any principals of conflicts of law.  Marketplace makes no representation that the content on the website is appropriate or available for use in any particular location.  Those who choose to access the website act on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.  These Official Rules constitute the entire agreement pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written.  No waiver of any of the provisions of these Official Rules shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.  If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Official Rules, which will otherwise remain in full force and effect.