CAREERIST SWEEPSTAKES RULES

CAREERIST SWEEPSTAKES RULES

NO PURCHASE NECESSARY.

A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

THESE CAREERIST SWEEPSTAKES RULES GOVERN YOUR PARTICIPATION IN THE CAREERIST SWEEPSTAKES BLACK FRIDAY (SWEEPSTAKES).

PLEASE READ THESE RULES CAREFULLY. BY ACCEPTING THESE RULES AND CONTINUING TO PARTICIPATE IN THE CAREERIST SWEEPSTAKES, YOU WILL BE DEEMED TO HAVE CONFIRMED THAT YOU (A) ARE AT LEAST 18 YEARS OF AGE (EXCEPT IF YOU RESIDE IN THE STATES OF ALABAMA AND NEBRASKA, WHERE YOU MUST BE 19 YEARS OR OLDER, AND IN MISSISSIPPI, WHERE YOU MUST BE 21 YEARS OR OLDER), AND (B) HAVE ACCEPTED THE CAREERIST PRIVACY POLICY AS AN INTEGRAL PART OF THESE CAREERIST SWEEPSTAKES RULES.

1. Sponsor
The Sweepstakes is sponsored by Careerist Inc. (Careerist), a company with its registered office at 680 S Cache Street, Suite 100-8790, Jackson, WY 83001.

2. Your Eligibility
To participate in the Sweepstakes, you (the participant, entrant, You) must be at least 18 years of age (except if you reside in the States of Alabama and Nebraska, where you must be 19 years of age, and in Mississippi, where you must be 21 years or older).

Residents of Rhode Island are not eligible.
Employees and contractors of Careerist, other companies associated with the promotion of the Sweepstakes, and their respective families, subsidiaries, and affiliates are not eligible.
The Sweepstakes involves taking submissions of materials that participants create (User-generated content, UGC submissions), and eligibility requirements apply.

UGC submissions will be deemed ineligible for the following reasons:
- They contain third-party content;
- They contain illegal, offensive, or otherwise inappropriate content;
- They were not created by the entrant;
- They have previously been published or otherwise made public elsewhere;
- They contain personally identifiable information (except for the entrant's personally identifiable information) or other sensitive/confidential content.

By participating in the Sweepstakes and submitting the UGC, You grant to Careerist Inc. and to its affiliates a royalty-free, perpetual, nonexclusive, irrevocable and transferable license to use the UGS on a world-wide basis for the business purposes of Careerist Inc., including but not limited, to use in marketing and advertising activities and materials and for other business purposes.

3. Sweepstakes Period

The Sweepstakes begins on 16 November at 11 : 00 AM PT and ends on 23 November at 11 : 00 AM PT (the Sweepstakes Period).

Entries that are submitted before or after the Sweepstakes Period will be disqualified.

4. How to Enter

To be considered as eligible entry in the Sweepstakes please follow the following steps:

Create or enter your account in Instagram.

Ensure your profile is public so we can see your entry.

Subscribe to the company's page (Follow us @CareeristLearning)

Share the post which is published on @CareeristLearning to your stories and tag Careerist.

In the same story, briefly write why You want to take the training program at Careerist.

Each eligible entry will be assigned the participant number which will be sent to the participant by Careerist team via direct messages in Instagram.

Limit one (1) entry per person for the duration of the Sweepstakes Period.

The sponsor is not responsible for entries made but not received and/or accepted, or not completed due to (included but not limited to) technical failures in the entry process, fraudulent interference with the entry process. Such entries are void.

5. Prize Drawing

The Prize is One (1) gift certificate for one of the Careerist training programs by winner´s choice (Manual QA, Sales Engineering) with no cash value (the Prize). The Prize approximate retail value is $ 4000.

THE GIFT CERTIFICATE CAN BE USED WITHIN THREE MONTHS FROM THE DATE OF THE WINNER ANNOUNCEMENT, AFTER THE EXPIRATION OF THIS PERIOD, IN CASE OF NON-USE, THE CERTIFICATE IS CONSIDERED INVALID.

Prize may not be transferred, assigned, or substituted. Sponsor has the right to substitute a prize of equal or greater value for any reason.

Prize is offered "as is" without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose.

Prize is considered taxable income and may be subject to local, state, and federal taxes. Prize winner is solely responsible for all applicable federal, state, and local taxes.

By participating in the Sweepstakes and accepting the Prize in case of a win, You acknowledge and agree to sign the Release Consent, which gives to the Company a right to use on non-exclusive basis your image, performance, voice, and/or physical likeness, as well as your testimonial, personal information, including but not limited to your name, biographical and professional information (individually and collectively, my “Likeness”), in whole or in part, and on a perpetual and worldwide basis, but only in connection with Company's production, marketing activities, advertising, and other exploitation of the testimonial, video recordings, photos and other materials created during the participation in the Sweepstakes.

In addition, You represent and warrant that: (1) all information You are, and will be, providing to Company in connection with this release and participation in the Sweepstakes is valid, true and accurate; (2) any statement made by you during my participation in the Sweepstakes will not violate or infringe upon any third party's rights; and (3) Your are not a party to any agreement that would in any way hinder your ability to provide the consents and grant of rights contained herein.

6. Winner Selection and Notification

THE ODDS FOR WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE SWEEPSTAKES PERIOD.

Sponsor designates the Winner among the eligible entries as follows:

Sponsor will select one (1) potential winner for the Prize on or about November 23, 2023.

Potential winner of the Prize will be determined among eligible entries at random using the third-party randomizer at Careerist sole discretion.

We will inform the potential winner by publishing the post at @careerist.learning by November 17, 2023 and communicating by direct messages on Instagram.

In the case that a winner is deemed ineligible, the Company reserves the right for selecting an alternate winner. Any potential winner will forfeit the Prize if such potential winner: (1) fails to respond in a timely fashion to any of Company's requests for information or signatures with respect the Sweepstakes or the Prize; (2) cannot be reached at the information provided by such individual; (3) rejects the Prize (or it is returned undeliverable through no fault of Sponsor); or (4) is disqualified from the Sweepstakes for any reason. In the event of any forfeiture hereunder, an alternate winner will be selected. Sponsor has complete discretion in deciding how potential winner will be contacted and when an alternate potential winner should be selected if applicable.

SPONSOR IS NOT RESPONSIBLE FOR ANY KIND OF PRINTING, TECHNICAL, OR OTHER SIMILAR ERROR IN THE SELECTION PROCESS, AND SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO CANCEL ALL OR PART OF THE SWEEPSTAKES AND/OR TO DECLARE A POTENTIAL WINNER INELIGIBLE IN SUCH A SITUATION.

Sponsor has the exclusive power to interpret the Sweepstakes Rules, and the Sponsor's decisions regarding any and all matters related to the Sweepstakes, are final and binding.

7. General Conditions

In the event that the operation, security or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Sweepstakes Rules or (b) to terminate the Sweepstakes and, in the event of termination, award the Prize at random from among the eligible, non-suspect entries received-up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Sweepstakes Rules or in a disruptive manner.

8. Indemnity

By participating in the Sweepstakes, You agree to defend, indemnify, and hold Instagram and Careerist, its officers, directors, employees and agents (Released Parties) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of participation in the Sweepstakes or receipt or use of the Prize, including but not limited to: (i) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable internet connection, network connectivity, server or other type of connection, availability or accessibility, miscommunication or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed or misdirect transmissions or computer software or hardware malfunctions, failures or difficulties; (ii) unauthorized human intervention in the Sweepstakes; (iii) mechanical, network, electronic, computer or human errors; (iv) lost, late, incomplete, garbled, illegible, undelivered, stolen, damaged, delayed, misdirect mail, email, entries, any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event and/or flyover, if applicable, or in any Sweepstakes - related materials; or injury, death, losses or damages of any kind to person or property which may be causedm directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the prize.

You hereby release and forever discharge the Instagram and Careerist (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to the participation in the Sweepstakes.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT WILL CAREERIST (OR ITS DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND BUSINESS PARTNERS IN THEIR CAPACITY AS SUCH) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF INCOME, LOSS OF USE OR DATA, OR INTERRUPTION OF BUSINESS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING FROM OR RELATING TO YOUR PARTICIPATION IN THE SWEEPSTAKES AND THIS AGREEMENT OR ITS SUBJECT MATTER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAREERIST’S AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THIS SWEEPSTAKES RULES WILL BE LIMITED TO AN AMOUNT EQUAL TO THE PRIZE VALUE.

10. Governing Law

These Sweepstakes Rules shall be governed by the laws of the State of Florida, USA applicable to contracts entered into and performed entirely within the State of Florida, USA without regard to its conflicts of law principles.

11. Dispute Resolution

Please read this Arbitration Agreement carefully. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

All claims and disputes in connection with these Sweepstakes Rules or the use of any product or service provided by Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. The provisions of this Section may be enforced by any Court of competent jurisdiction, and the Party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered. The Parties expressly agree to venue and jurisdiction in Florida and waive any claims or defenses for inconvenience of forum or jurisdiction.

PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHT TO TRIAL, INCLUDING JURY TRIAL ON ANY CLAIM IN ANY COURT OF LAW OR EQUITY.

CLASS ACTION WAIVER. PARTICIPANTS ACKNOWLEDGES AND AGREES THAT ANY CLAIM YOU MAY HAVE AGAINST CAREERIST, INCLUDING CAREERIST’S PAST OR PRESENT EMPLOYEES OR AGENTS, SHALL BE BROUGHT INDIVIDUALLY AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN OR PARTICIPATE IN A CLASS ACTION AGAINST CAREERIST.

12. Miscellaneous Provisions

(a) Information collected from entrants is subject to Careerist Privacy Policy. Please review our Privacy Policy, which can be found at the following address: https://www.careerist.com/legal/privacy-policy. Please read Privacy Policy carefully because it forms part of these Sweepstakes Rules.

(b) To receive a list of the winners please contact [email protected]. This information will be available by December 23, 2023.

(c) Severability. If any portion of these Sweepstakes Rules are held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of these Sweepstakes Rules will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language.

(d) Participation in the Careerist Sweepstakes constitutes entrant´s full and unconditional agreement to and acceptance of these Careerist Sweepstakes Rules. Winning a Prize is contingent upon being compliant with these Rules and fulfilling all other requirements set forth herein.

(e) You acknowledge that the Careerist Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.

By clicking the "I ACCEPT" button, you indicate and acknowledge that you have read these Careerist Sweepstakes Rules, understand them, and agree to be bound by their terms and conditions.