Season of Giving 2024 Official Rules

OFFICIAL RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. VOID WHERE PROHIBITED BY LAW. SWEEPSTAKES OPEN ONLY TO CURRENT TENANTS RESIDING AT A PROPERTY OWNED, MANAGED, OR OPERATED BY NUVEEN PATHS. NOT OPEN TO THE GENERAL PUBLIC.

Esusu, Inc. (“Esusu” or “Sponsor”) is giving participants a chance to receive up to one month of free rent (up to $2,000) through Esusu’s Season of Giving Sweepstakes (“Sweepstakes”). This Sweepstakes is governed by these Official Rules (“Rules”). Any individual who enters, attempts to enter, or in any way participates or attempts to participate in the Sweepstakes (“Participant”) agrees to be bound by the terms and conditions provided in these Rules as well as by all interpretations of these Rules by Esusu and by all other decisions of Esusu, which are final and binding in all matters relating to the Sweepstakes. The Sweepstakes is not open to the general public and is exclusive to current tenants of Nuveen Paths.

SPONSOR:
The Sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is Esusu, Inc., 200 Broadway, 3rd Floor, Suite 209, New York, NY 10038.

Nuveen Paths is not a Sponsor of the Sweepstakes and should not be contacted for questions related to the Sweepstakes including but not limited to winner status or claiming of the prize.

NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.

APPLICABLE LAW (VOID WHERE PROHIBITED):
The Sweepstakes is subject to and governed by applicable federal, state, and local laws and regulations. Participation in this Sweepstakes is void where prohibited or otherwise restricted by law.

SWEEPSTAKES CANCELLATION, SUSPENSION, OR MODIFICATION:
Esusu reserves the right to cancel, terminate, modify, or suspend the Sweepstakes if it is not capable of being completed as planned for any reason, including but not limited to infection by computer virus, “bugs,” tampering, unauthorized intervention, error, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Esusu may cancel the Sweepstakes at any time at its sole discretion, including but not limited to the aforementioned reasons. The decision of Esusu to cancel, terminate, modify, or suspend the Sweepstakes shall be final in all respects.

SWEEPSTAKES PERIOD / ENTRY PERIOD:
The Sweepstakes begins at 12:01 a.m. Eastern Time (“ET”) on November 6, 2024, and ends at 11:59 p.m. ET on December 6, 2024 (“Entry Period”). Eligible Participants may enter the Sweepstakes during this period. All entries must be received by the last day of the Entry Period. Limit one (1) entry per person during the Sweepstakes Period.

ELIGIBILITY:
For the purposes of this Sweepstakes, “Eligible Participants” refers to individuals who meet all of the following criteria:

  • Property Residency Requirement: Participants must be current named tenants residing at a property owned, managed, or operated by Nuveen Paths. Only tenants of the designated properties are eligible to enter the Sweepstakes. Sponsor will determine whether the property where the participant resides is eligible to participate in the Sweepstakes, and this decision is solely at the discretion of the Sponsor.
  • Geographical, Age, and Other Requirements: The Sweepstakes is open to legal United States residents who are at least eighteen (18) years of age or older at the time of entry, have reached the age of majority in their jurisdiction of residence. 
  • Sweepstakes Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of both Esusu and Nuveen Paths as well as its parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Sweepstakes Entities”),  and their Immediate Family Members (and those living in the same household, whether or not related), are prohibited from participating in any Sweepstakes and do not qualify as Participants. Additionally, sales representatives, agencies, dealers, retailers, wholesalers, distributors, and promotional and other vendor agencies involved in the Sweepstakes or the distribution of services provided by Esusu, and their Immediate Family Members (and those living in the same household, whether or not related), are also prohibited from participating. “Immediate Family Members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.

PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):

  • Two (2) winners will receive a direct payment representing one month’s rent, up to a maximum of $2,000 USD, which will be executed through a wire transfer to the winner’s designated bank account.
  • The total ARV of the prize is a maximum of $2,000 USD.

ADDITIONAL DETAILS ON PRIZE:

  • Sponsor will provide the winner of the prize a direct payment through wire transfer to the winner equal to the rent amount for a single residential unit for a period of one month, up to a maximum of $2,000.
  • The winner must provide proof of their current monthly rent through a copy of their lease agreement or other relevant documentation. The payment will be limited only to the standard monthly rent for the single residential unit as specified in the lease agreement. The prize does not include any additional fees, such as late fees, damage assessments, utility payments (if not part of the standard rental agreement), or any other similar fees beyond the standard rent for a single unit.
  • Sponsor will make the payment via wire transfer directly to the winner’s bank account, and the tenant must provide the necessary bank account details and verification for the transfer as directed by Sponsor.
  • The Sponsor shall not be liable for any failure of the wire transfer to be completed due to incorrect or incomplete bank account information provided by the winner; it is the responsibility of the winner to ensure that all required information is accurate and submitted in a timely manner and as directed by Sponsor.
  • In no event shall Sponsor pay more than $2,000. If the winner’s monthly rent is less than $2,000, the winner will receive only the actual rent amount for that month, and no additional funds will be provided to match the maximum prize value. If the winner’s monthly rent is greater than $2,000, the winner will receive only $2,000 and not the full amount of their monthly rent.
  • If, for any reason (whether voluntarily or otherwise), the winner does not remain a tenant of the unit for the full month following the conclusion of the Sweepstakes, Sponsor will provide the rent payment for the remaining period of the tenancy, subject to the $2,000 maximum. Sponsor shall have no further obligation beyond that point.
  • The Sponsor is not responsible for how the funds are used, regardless of whether the prize funds are applied to rent payments. Sponsor is not responsible for winner using the funds for actual rent payments

ENTRIES ARE THE SOLE AND EXCLUSIVE PROPERTY OF ESUSU:
All Sweepstakes entries and/or related submissions become the sole and exclusive property of Esusu upon transmission subject to Esusu’s Privacy Policy. Sweepstakes entries will not be returned and may be used by any Sweepstakes Entity for any purpose whatsoever related to any Sweepstakes, without additional compensation to the Eligible Participant or any other individual or entity. 

FALSE, FRAUDULENT, OR DECEPTIVE ENTRIES OR ACTS:
Esusu reserves the right to disqualify any Participant who submits false, fraudulent, or deceptive entries or engages in such acts in connection with the Sweepstakes as determined by Esusu. Disqualification may occur for: (i) tampering with the entry process or Sweepstakes operation; (ii) attempting to gain an unfair advantage; (iii) obtaining winner status through deceptive means; or (iv) engaging in disruptive or threatening behavior. Any attempt to damage, disrupt, or undermine the Sweepstakes, systems, or website may violate criminal and civil laws. Esusu reserves the right to seek damages and pursue all remedies to the fullest extent permitted by law, including criminal prosecution.

HOW TO ENTER:

Eligible Participants can enter the Sweepstakes as follows:

  1. Via Esusu App: 
    • Download the Esusu app via the Apple App Store or Google Play Store. 
    • If not enrolled in rent reporting, go to Account Settings and enroll in rent reporting.
    • Click on the “Summary” tab within the app.
    • Click on the Sweepstake banner within the tab.
    • Complete the entry form provided in the app.
    • Upon submitting the entry form, Eligible Participants will be entered into the Sweepstakes.
  2. Alternate Method of Entry (AMOE):
    • Eligible Participants may also enter the Sweepstakes without downloading the app by completing the following steps:
      • Send an email to marketing@esusu.com with the subject line: “Season of Giving Sweepstakes Entry.”
      • In the body of the email, include your full name, address, and telephone number, along with a statement affirming your agreement to these Rules.
    • Upon completion of these steps, Eligible Participants will be entered into the Sweepstakes.

HOW TO CLAIM A PRIZE:

Claiming the Prize: The winner must claim the prize by confirming acceptance via email or another written method, and by submitting the required identification. Failure to claim the prize and provide such identification within five (5) business days of Esusu’s notice may result in forfeiture of the prize.

Prerequisites to Prize Award: Prior to being awarded the prize, winner is required to provide an electronic copy of a valid government-issued photo identification depicting proof of age. Esusu may also require a winner’s affidavit of eligibility or other documentation to confirm that the winner meets the criteria of an Eligible Participant. Esusu reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification or if the winner fails to meet any eligibility requirement, as determined in Esusu’s sole discretion.

Prize Forfeiture: Any winner who fails to comply with the prize claim procedures above and fails to obtain an extension from Esusu, will forfeit the prize. Esusu will select a new winner at random to award unclaimed prizes to alternate Eligible Participants. 

Additional Costs: Any costs relating to the prize or its use are the sole responsibility of the winner.

PARTICIPATION PROBLEM DISCLAIMER:

Even if alleged to be caused by the sole or partial negligence of Esusu, Esusu is not responsible for any problems that affect or result from participation or attempted participation in the Sweepstakes. This includes but, is not limited to, the following problems:

1. Incorrect, incomplete or inaccurate entry information;

2. Human errors;

3. Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;

4. Inability to send a text-message;

5. Identity theft;

6. Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;

7. Network hackers or other unauthorized access to Esusu’s computer network;

8. Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;

9. Printing errors;

10.  Equipment malfunctions; and

11.  Late, misdirected, lost, corrupted, unreadable, incomplete, or improperly submitted entries. 

WINNER SELECTION & ODDS OF WINNING:
Winners will be selected through a random drawing conducted by Esusu’s Lifecycle Marketing Manager or another member of Esusu’s marketing or product teams on or about December 9, 2024. Odds of winning depend on the number of eligible entries received during the Entry Period.

Selected entrants will be notified within approximately five (5) days of the drawing by e-mail and/or phone using the contact information provided on the email or entry form.

TAXES:
The prize winner is solely responsible for determining and paying all federal, state, and local taxes (including any sales taxes) associated with accepting the prize. Winners of prizes valued at $600 or more will receive an IRS Form 1099 for the value of the prize, and a copy will be filed with the IRS. PLEASE NOTE: All taxes on prizes are the sole responsibility of the winner.

WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Sweepstakes, and in consideration thereof, each Participant individually warrants and represents to Esusu that they: (i) meet the definition of an Eligible Participant; (ii) will be bound by these Rules, all applicable laws and regulations and the decisions of Esusu; and (iii) waive any rights to claim ambiguity with respect to these Rules.

RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Sweepstakes, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Esusu, or any other Sweepstakes Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties. PARTICIPANTS UNDERSTAND THAT EACH PARTICIPANT IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTANDS, AND HEREBY EXPRESSLY WAIVES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”

Additionally, as consideration for entering the Sweepstakes, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes or for their failure to comply with the terms of the above release provision.  This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

PUBLICITY RELEASE:
Except where prohibited, acceptance of a prize constitutes the winner’s consent for Sponsor and its agents to use the winner’s name, likeness, and biographical information for advertising and promotional purposes without further compensation.

RULES CHANGES AND INTERPRETATIONS:
Esusu reserves the right in its sole discretion to supplement or make changes to these Rules as well as the rules of any contest at any time without notice. Esusu reserves the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all Participants.

AGREEMENT TO ARBITRATE:
This Arbitration Agreement applies to U.S. residents participating in the Sweepstakes. Any dispute or claim arising from participation in the Sweepstakes, use of Esusu platforms, including the Esusu Mobile App, or a Participant’s interactions with Esusu will be resolved by binding arbitration, except for (1) claims eligible for small claims court and (2) disputes over intellectual property rights, which may be resolved in court. 

Arbitration will be governed by the Federal Arbitration Act and conducted by JAMS under its Streamlined Rules for claims under $250,000 or Comprehensive Rules for larger claims. To initiate arbitration, a participant must send a written notice of their claim to Esusu Inc., 200 Broadway, 3rd Floor, Suite 209, New York, NY 10038. Arbitration may occur by phone, written submissions, or in person in Delaware. The arbitrator has exclusive authority to resolve disputes about these Rules, including claims that all or part of the Rules is void or voidable, and may award any relief available in court. The arbitrator’s decision is final, binding, and may be entered in any court of competent jurisdiction. 

Participants and Esusu waive the right to a trial by judge or jury, opting for arbitration instead. All claims must be arbitrated individually, not as part of a class or collective action. If a court finds the prohibition on class or collective actions unenforceable, the affected claim may be brought in court, while all other claims remain subject to arbitration.

These Rules, including this Arbitration Agreement, are governed by the internal substantive laws of Delaware, without regard to its conflict of laws principles. For actions where the Rules permits seeking injunctive or other equitable relief, Participants and Esusu submit to the personal jurisdiction of Delaware state courts. 

If any part of the Rules is unenforceable, the remaining provisions will continue in effect. This Arbitration Agreement survives the termination of a Participant’s relationship with Esusu.

GENERAL RULES;
The Sweepstakes will be run in accordance with these Rules, which shall prevail, govern, and control in the event of any inconsistency with any Sweepstakes-related materials. A copy of these Rules may be obtained by emailing marketing@esusu.com with the subject line “Request for Home & Credit Builder Sweepstakes Rules.” 

WINNERS’ LIST:
For a list of winners, email marketing@esusu.com with the subject “Season of Giving Sweepstakes Winners List” within ninety (90) days after the conclusion of the Sweepstakes.

(Last Revised: October 22, 2024)