VISA® 2021 NBH EVERYDAY DEBIT SWEEPSTAKES

OFFICIAL RULES

1.         NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. NON-PURCHASE ENTRIES AND PURCHASE ENTRIES HAVE AN EQUAL CHANCE OF WINNING.

 

  1. ELIGIBILITY: The Visa 2021 NBH Everyday Debit Sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and District of Columbia who are 18 years of age or older as of September 1, 2021. Void in Puerto Rico and other U.S. territories and possessions, and where prohibited or restricted by law. Employees of Visa U.S.A. Inc. (“Sponsor” or “Visa”), Visa Inc., Visa International Service Association, National Bank Holdings Corporation (“NBHC”), NBH Bank, N.A. (“NBH”), their respective parents, successors, affiliates, subsidiaries, and divisions, including but not limited to Community Banks of Colorado, Bank Midwest, and Hillcrest Bank, prize suppliers, and advertising and promotion agencies, Don Jagoda Associates, Inc. (“Administrator”), and each of their respective agents, representatives, officers, directors, trustees, shareholders, and employees (collectively, the “Releasees”), and each of their immediate family members (spouse, parents, children, siblings, and their respective spouses, regardless of where they live) and individuals living in the same households of each of these individuals, whether related or not, are not eligible to enter or win. Sweepstakes is subject to all applicable federal, state, and local laws. The Sweepstakes is governed by U.S. law.

 

  1. SWEEPSTAKES TIMING/DESCRIPTION: Begins at 12:00:00 AM Pacific Time (“PT”) on September 1, 2021 and ends at 11:59:59 PM PT on September 30, 2021 (“Promotion Period”). There will be ten (10) prize winners selected in a random drawing at the end of the Promotion Period from among all eligible entries received.

 

  1. TO ENTER: There are two (2) ways to enter:

 

  • AUTOMATIC ENTRY: An eligible Community Bank of Colorado, Bank Midwest or Hillcrest Bank Visa cardholder will automatically receive one (1) Sweepstakes entry for each eligible Visa non-PIN purchase transaction made with his/her/their Community Bank of Colorado, Bank Midwest or Hillcrest Bank Visa consumer or business debit card during the Promotion Period at a participating merchant location in the U.S. A “non-PIN” transaction is a transaction made using your debit card that requires a signature rather than a PIN, or any online transaction using your debit card. Only eligible Visa purchases or payments made with an eligible Community Bank of Colorado, Bank Midwest or Hillcrest Bank Visa consumer or business debit card that is not in default under the customer agreement for that account and issued by Community Bank of Colorado, Bank Midwest or Hillcrest Bank in the U.S., processed through Visa U.S.A. Inc.’s transaction-processing system during the Promotion Period, are eligible for automatic entry. In the event of a dispute as to who submitted a particular cardholder entry, such entry will be deemed to be submitted by the primary person in whose name the card used to enter the Sweepstakes was issued. Account adjustment transactions/returns, cash advances, balance transfers, non-U.S.-dollar purchases, Interlink®-processed transactions, purchases authorized by entering a PIN (personal identification number), payment of late fees or over-limit fees, and Visa health and benefit card transactions are excluded from automatic entry. Other restrictions and exclusions may apply. Community Bank of Colorado, Bank Midwest or Hillcrest Bank Visa cards or card numbers that are stolen, fraudulent, tampered with, or otherwise altered are not eligible for automatic entry. Automatic entries must be made by 11:59:59 PM PT on September 30, 2021 in order to be eligible for the random drawing.

 

  • TO ENTER BY MAIL WITHOUT PURCHASE OR OBLIGATION: Hand-print your complete name, street address, city, state, ZIP code, and daytime and evening telephone numbers (including area code), and valid email address, on a plain piece of 3″ x 5″ paper, and mail it in a business-size (#10) envelope with sufficient postage affixed, to: Visa 2021 NBH Everyday Debit Sweepstakes, P.O. Box 7734, Melville, NY 11775-7734. Mailed entries must be postmarked between September 1, 2021 and September 30, 2021, and received by October 8, 2021, in order to be included in the random drawing. Enter as often as you wish; however, each mailed entry will count as one (1) entry into the random drawing and must be mailed in a separate, postmarked-and-stamped envelope. Entries that are mechanically reproduced, copied, illegible, incomplete, or inaccurate and entries by any means which subvert the entry process are void. Entries become the property of the Sponsor and will not be acknowledged or returned. Incomplete entries or entries not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion. Proof of mailing does not constitute proof of delivery.

 

  1. DETERMINATION OF WINNERS/WINNER NOTIFICATION: Ten (10) potential prize winners will be selected on or about October 22, 2021 from among all eligible automatic and mailed entries received. Random drawing will be conducted under the direction of Administrator, an independent judging organization. Administrator’s and Sponsor’s decisions are final and binding on matters relating to this Sweepstakes. Potential winners will be notified by email and/or telephone within five (5) days of random drawing date. Potential winners will be required to verify their eligibility by digitally completing and securely signing and returning a Declaration of Compliance, Liability Waiver and Publicity Release where legal, within five (5) days of notification. Non-compliance within this time frame and/or with these Official Rules; Sponsor’s inability to contact a potential winner within a reasonable time period; or prize or prize notification returned as undeliverable will result in such potential winner’s disqualification and, at Sponsor’s discretion, such prize may be awarded to a potential alternate winner.

 

  1. ODDS: The estimated odds of winning a prize are 1 in 172,727; however, the actual odds of winning depend upon the total number of eligible entries received.

 

  1. PRIZES AND THEIR APPROXIMATE RETAIL VALUE (“ARV”): Ten (10) Prizes: Each prize consists of one (1) Microsoft Surface Pro 7 with 12.3” Touch-Screen and Type Cover, Intel Core i5, 8GB Memory/256GB SSD. In addition to the aforementioned prize, $570 cash will be awarded in the form of a check to each prize winner that can be used toward the payment of income taxes associated with the prize. ARV of each prize: $1,900. TOTAL ARV OF ALL PRIZES: $19,000. Prizes are awarded “as is” with no warranty or guaranty of any kind. Any and all guarantees and warranties on merchandise portion of the prize are subject to the manufacturers’ terms and conditions, and each individual prize winner agrees to look solely to such manufacturers for any such warranty or guarantee claim. Prizes are subject to change. The ARV of any portion of the prize listed above is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded or redeemed. If the actual purchase price of the prize is less than the ARV stated herein, the winner will NOT be entitled to a check, cash or other form of payment for the price difference. If a prize is unavailable for any reason, including but not limited to, cancellation; delays; a public health crisis; or any federal, state and/or local government regulations, orders, or guidelines, Sponsor reserves the right to substitute such prize or portion thereof with one of equal or greater value, and no other additional compensation or substitution will be provided. Any depiction of prizes, in Sweepstakes materials or otherwise, is for illustrative purposes only.   

 

  1. CONDITIONS OF PARTICIPATION: By entering, entrants agree to be bound by these Official Rules, including all eligibility requirements and the decisions of the Sponsor and Administrator, which are final and binding. By accepting a prize, each winner consents to the use of his/her/their name, image, likeness, photograph, voice, and biographical material for advertising, publicity, and promotional purposes by Sponsor in any and all media now or hereafter devised, including but not limited to, any online announcements, worldwide in perpetuity, without additional compensation, notification, or permission, except where prohibited by law. Entrants release and hold harmless Releasees from any claims, actions, injury, loss, or damage of any kind, including but not limited to, personal injury or death, resulting, directly or indirectly, in whole or in part, from participating in this Sweepstakes or from the acceptance, possession, or use or misuse of any prize (including any activity related thereto). This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income or profit; loss or damage to property; and claims of third parties. Entrants agree that Releasees have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the No substitution, cash equivalent where applicable, or transfer of any prize permitted except at the sole discretion of the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of equal or greater value, except as otherwise provided herein. Any and all other costs and expenses associated with prize acceptance and use not specifically stated within these Official Rules as being provided, are the sole responsibility of each individual winner, including, without limitation, all federal, state, and local taxes and winners may be required to provide their social security number for tax reporting purposes. If a winner is at least 18, but still considered a minor in his/her state or place of residence, prize may be awarded in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on such winner as set forth herein. Prize details are at Sponsor’s sole discretion.

 

  1. GENERAL: Sponsor will collect information from the entrants solely for the purpose of the prize drawing and to notify winners. Sponsor will not share this information with any third party (except as necessary for the administration of the Sweepstakes) nor attempt to contact entrant, unless entrant has agreed to receive further information on Sponsor’s products and promotions. Releasees are not responsible for lost, late, illegible, misdirected, inaccurate, incomplete, undelivered, damaged, delayed, garbled, postage-due, or stolen mail, entries, and transactions; for transactions that are lost, misdirected, or fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly; or for any other errors or problems of any kind, whether typographical, printing, mechanical, human, electronic, or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, any error or problem that may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, or in any Sweepstakes-related materials. Entry materials that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Sweepstakes at any time without notice and for any reason including, if in the Administrator’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness, or integrity and proper play of the Sweepstakes. In the event of cancellation, Sponsor may void any entries it suspects are at issue and, at its discretion, if terminated, award prizes in a random drawing from among all non-suspect, eligible entries received up to the date of cancellation. Caution: Any attempt by an entrant or any other individual to damage or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and, should such an attempt be made, the Sponsor reserves the right to seek any and all remedies available from any such person to the fullest extent permitted by law, including criminal prosecution. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify entrants who violate these Official Rules or interfere with this Sweepstakes in any manner.

 

  1. TAXES: Any valuation of the prizes stated above is based on available information provided to the Sponsor. The value of each prize, including the tax assistance, will be taxable to applicable winner as income. In the event a winner’s tax liabilities related to the prize exceed the tax assistance provided, Sponsor will not provide any further assistance toward the winner’s tax obligations. Sponsor will issue each winner an IRS FORM 1099-MISC for the value of applicable prize as it is valued at $600 or more. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of a prize not specifically provided for in these Official Rules are solely the responsibility of the applicable winners. Winners are solely responsible for reporting and paying any and all applicable taxes.

 

  1. GOVERNING LAW/DISPUTES: Except where prohibited, all issues/questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be 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 (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. Jurisdiction and venue shall be solely within the State of California.

 

  1. FORCE MAJEURE: In the event an insufficient number of eligible entries are received to award the prizes and/or Sponsor is prevented from awarding the prizes or continuing with this Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state/provincial or local government law, order, regulation, or guideline, public health crisis or pandemic (e.g., Coronavirus), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, regardless of whether any such cause was foreseeable (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate this Sweepstakes. If this Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the potential winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.

 

  1. ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, participant agrees that (i) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (ii) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (iii) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and participant further waives all rights to have damages multiplied or

 

  1. WINNERS LIST: For a list of winners, available after October 15, 2021, mail a self-addressed, stamped envelope by November 30, 2021, to: Visa 2021 NBH Everyday Debit Sweepstakes Winners, c/o Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.

 

  1. SPONSOR & ADMINISTRATOR: Sponsor: Visa U.S.A. Inc., P.O. Box 8999, San Francisco, CA 94128-8999. Administrator: Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.

 

This Sweepstakes is not affiliated with, or sponsored, endorsed or approved by Microsoft Corporation.

Community Banks of Colorado, Bank Midwest and Hillcrest Bank are divisions of NBH Bank, Member FDIC.

CONSUMER DISCLOSURE: NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. No entrant has yet won. Ten (10) Prizes: Each prize consists of one (1) Microsoft Surface Pro 7 with 12.3” Touch-Screen and Type Cover, Intel Core i5, 8GB Memory/256GB SSD. In addition to the aforementioned prize, $570 cash will be awarded in the form of a check to each prize winner that can be used toward the payment of income taxes associated with the prize. ARV of each prize: $1,900. TOTAL ARV OF ALL PRIZES: $19,000. Automatic entries must be received by 11:59:59 PM PT 9/30/21 in order to be eligible. Mailed entries must be postmarked by 9/30/21 and received by 10/8/21. The estimated odds of winning a prize are 1 in 172,727; however, the actual odds of winning depend upon the total number of eligible entries received. Sweepstakes ends 11:59:59 PM PT 9/30/21. See Official Rules above for complete details, including prize restrictions/conditions. Sponsored solely by Visa U.S.A. Inc., P.O. Box 8999, San Francisco, CA 94128-8999