Ascent Refer a Friend Program:
Official Terms and Rules
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
THESE OFFICIAL RULES ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE AND LICENSE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES. ENTRY IN THIS PROMOTION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
1. Promotion and Sponsor. The Ascent Student Loan Referral Promotion (the “Promotion”) is sponsored and administered by the loan processor, Goal Structured Solutions, Inc., 501 W. Broadway, Suite A150, San Diego, California 92101 (“GS2”) and is governed by these Official Terms and Rules (these “Rules”). By participating in the Promotion in any way (including submission of any entry or the partial completion of any act of entry or any other step taken to participate in the Promotion in any manner), you will become an “Entrant” and such participation constitutes your full and unconditional agreement to these Rules and the decisions by GS2 with respect thereto; provided that you are free to disclaim in a written notice delivered to GS2, at the time that you would otherwise become an Entrant, your eligibility for any Reward and your status as Entrant, in which case you will not be eligible to receive any Reward and you will not be deemed an Entrant. All decisions related to, as well as all interpretation of, these Rules by GS2 and its authorized representatives are final and binding. Nothing in these Rules shall affect or modify the terms of any Franchise Agreement between you and GS2.
2. Eligibility. This Promotion is only open to individuals who have created an account for a private student loan under the Ascent loan programs (the “Ascent Loan Programs”) at www.my.ascentstudentloans.com, who are legal residents of one of the fifty United States or the District of Columbia, and are age 18 or older. Eligibility is contingent upon agreement to, compliance with, and fulfillment of all requirements of these Rules. GS2 may, in its sole discretion, disqualify any Entrant it finds to be in violation of these Rules or any Entrant who ceases to remain a borrower in good standing (with respect to repayment, if applicable) under the Ascent Loan Programs.
3. How to Participate. You will automatically become an Entrant eligible for a Reward upon the receipt of an application of a natural person who is a legal resident of one of the fifty United States or the District of Columbia, age 18 or older, and that referred person whom is not an existing Ascent Loan Program applicant or borrower, completes a loan application under the Ascent Loan Programs with GS2 (the “Referred Person”), and the Referred Person receives a loan disbursement under the Ascent Loan Programs (a “Completed Referral”); provided that; for the submission of a prospective referral to be considered a Completed Referral, all requested information specified in GS2’s application for a loan under the Ascent Loan Programs must be provided, and the Referred Person must identify the first and last name and email address of the Entrant.
Submissions of unintelligible, incomplete, invalid, incorrect, or noncurrent information may be disqualified by GS2 in its sole discretion. Submissions that are late, lost, damaged, misdirected, stolen, or not delivered are not the responsibility of GS2 and will not be considered for purposes of the Promotion.
4. Reward. GS2 will award one (1) Reward (defined below) to each Entrant with a Completed Referral as determined in accordance with Paragraph 6 below. A limit of up to $600 in Rewards will be given to an Entrant in a calendar year.
Each “Reward” consists of one (1) $100 Amazon.com gift card; or one (1) $100 Visa gift card; or one (1) $100 Mastercard gift card; or one (1) $100 American Express gift card. Approximate Retail Value (“ARV”) of each Reward is $100.
All additional costs, including, but not limited to, shipping costs, duties, surcharges, fees, taxes, and other charges not specifically described as part of the Reward above are not included in the Reward. No compensation or substitution will be provided for any difference in Reward value. Rewards may not be combined with other GS2 offers. Offers are not transferrable or redeemable for cash. An Entrant’s account must be active at the time of the Completed Referral, as determined by GS2 in its sole discretion, to receive the Reward. All Rewards must be accepted as awarded without substitution and are not, in whole or in part, assignable, transferable, or available for resale. Rewards have no cash surrender value, except where required by law. GS2 has made no warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any Reward. This includes, without limitation, any warranty, representation, or guarantee related to any Reward’s quality or fitness for a particular purpose. Rewards are subject to availability and GS2 may substitute a similar package (or a cash payment) of equal or greater value if the Reward is not available for any reason, as determined in GS2’s sole discretion. Other substitution options are available where required by law. Federal, state, and local taxes and all other costs and expenses associated with acceptance, and use of any Reward, are the recipients’ sole responsibility. If the recipients elect not to partake in any portion of the Reward, any remainder of the Reward that is unused will be forfeited and will not be subject to further or additional compensation. GS2 reserves the sole right to modify, suspend, or cancel this Promotion at any time without notice. Any details concerning Rewards not specified above will be determined by GS2 in its sole discretion.
Risk of Loss. The risk of loss and title for the Reward pass to the recipient upon GS2’s electronic transmission of the Reward to the designated recipient, or our delivery to the carrier, whichever is applicable. GS2 is not responsible if any Reward is lost, stolen, or destroyed or the gift card balance or any gift card reward is used without your permission.
Where legal, the recipients of a Reward may be required to submit, without alteration and in the form provided by GS2, a completed and signed Affidavit of Eligibility and Liability & Publicity Release (the “Release”), along with a properly completed U.S. Department of the Treasury Internal Revenue Service Form W-9, within the required time period communicated in the Release to be eligible to receive any Reward. The recipients may be issued a U.S. Department of the Treasury Internal Revenue Service Form 1099 and related tax forms for the actual value of the Reward provided by GS2.
5. Recipient Determination and Verification. On or about thirty (30) days of a Completed Referral, or within a reasonable time thereof, GS2 will fulfill the Reward via email to eligible and qualified Entrants. GS2 is not responsible for loss or deletion of an electronic gift card or incorrect or invalid address entered by the Entrant or Referred Person.
Potential recipients of Rewards are each subject to eligibility verification, on an ongoing basis, by GS2, whose decisions are final and binding. Determination of Promotion eligibility and qualifying referrals, as well as any exceptions, are at the sole discretion of GS2. GS2 reserves the right to verify and adjust rewards and reward amounts at any time prior to or following posting and redemption. An Entrant is not a recipient of any Reward, even if notified of being a recipient and/or issued any item of value, unless and until Entrant’s eligibility has been, and continues to be verified to the satisfaction of GS2.
To be verified as eligible to receive a Reward, each potential recipient must fulfill all requirements and continue to comply with all terms and conditions of these Rules, and not be disqualified for any reason. Rewards will not be reissued after initial fulfillment. If any Reward or notification is returned as undeliverable or yields an error or undeliverable type “bounce back” email (regardless if the message is ultimately delivered to the potential recipient); if the potential recipient fails to sign and return the Release or any other required documentation or fails to comply with these Rules; if a potential recipient is unable or unwilling to accept the Reward (or any portion) as stated; or if the potential recipient cannot be verified as eligible for any reason at any time, the potential recipient shall, at GS2’s sole discretion, be disqualified and/or forfeit the Reward.
6. Limitations of Liability. By entering or participating in any way in this Promotion or receiving any Reward, each Entrant agrees to indemnify, defend, and hold harmless, and thereby does release and discharge GS2 and its respective parent and affiliate companies, vendors, suppliers, consultants, sub-contractors, distributors, legal counsel, and advertising, marketing, public relations, and promotional/fulfillment agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any loss, damage, injury, claim, or cause of action related in any way whatsoever to this Promotion, these Rules, or the rights, consents and licenses granted to GS2 under these Rules, including, but not limited to, infringement of any right of publicity or intellectual property; threatened or actual injury, loss or damage to any person, including death and disability; defamation or portrayal in a false light (intentional and unintentional); invasion of privacy; and damage to or loss of property, arising out of such Entrant’s participation in the Promotion or receipt or use, non-use or misuse of any Reward. In no event will Released Parties be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of this Promotion. (Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. Check local laws for restrictions regarding these limitations or exclusions.)
Entrants waive any right to claim ambiguity in these Rules. The Released Parties are not responsible for: (i) technical failures of any kind; (ii) incorrect or inaccurate information, whether caused by Entrants, any internet or email service provider, any promotional or advertising agency, printing or computing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (iii) unauthorized human intervention in any part of the submission process or the Promotion; (iv) technical or human error that may occur in the administration of the Promotion, the processing of entries or the announcement of the recipient and Reward; (v) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, by Entrant’s participation in the Promotion; (vi) the receipt, use or misuse of any Reward; or (vii) any other errors in any materials, information or announcements associated with the Promotion. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted by GS2, Entrant’s sole remedy is another entry in the Promotion, subject to availability and eligibility.
EACH ENTRANT WAIVES CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES), WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” EACH ENTRANT REPRESENTS AND WARRANTS FULL UNDERSTANDING OF, AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF, WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES).
7. License from Entrant. To the extent allowed by law, participation in the Promotion in any way and/or acceptance of any Reward constitutes each Entrant’s consent for, and grant of a non-exclusive, sub-licensable and assignable license to GS2 to use, publish, post, or display Entrant’s name, likeness, photograph, voice, opinions, statements, biographical information, and/or hometown and state, regardless of whether altered, modified, distorted, edited, or used alone or with other material, in GS2’s sole discretion, for promotional, advertising, trade, and publicity purposes in any medium now known or later discovered, worldwide and in perpetuity, without review or approval by Entrant, and without further notice, payment, or consideration of any kind to Entrant.
All rights, consents and licenses granted to GS2 under these Rules will survive the termination of this Promotion. Entrant’s consent and license may only be revoked in writing, and the mere ending of this Promotion is not sufficient to revoke such consent or license.
8. Right to Modify or Cancel. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event any provision is found invalid or unenforceable, these Rules will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included. GS2’s failure to enforce any provision of these Rules does not constitute a waiver of that provision.
GS2 may cancel, suspend and/or modify the Promotion or any part of it, in any way, if GS2 determines in its sole discretion that the Promotion is not capable of executing as GS2 intended, or that any mistake, clerical, or typographical error, omission, fraud, technical failure, tampering, computer virus, or other factor, technical or otherwise, beyond GS2’s reasonable control, impairs or may impair GS2’s ability to properly conduct the Promotion, subject to any applicable law or regulation. In such event, GS2 may, but is not obligated to, fulfill any applicable Reward(s) in accordance with Paragraph 6 above from only the eligible entries received up to the time of the cancellation, suspension, or modification of the Promotion.
In the event of an inconsistency between these Rules and any disclosure or other statement contained in any Promotion-related materials, including, but not limited to, a Promotion entry form or any point-of-sale, radio, television, print, or online advertising, these Rules will prevail and govern.
9. Disputes. Except where prohibited by law, Entrant agrees that: (i) all disputes, claims and causes of action arising out of or connected with this Promotion or any Reward awarded will be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in San Diego County, California; and (ii) all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights or obligations of Entrant or GS2 in connection with the Promotion, are governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules, no matter what jurisdiction, that would cause the application of the laws of any other jurisdiction.