Want to earn $4,000.00? Think you have what it takes to be our Chief Apple Enthusiast? We will select one person, based on their submitted application, to be our Chief Apple Enthusiast who will test an Apple Vision Pro for two weeks and will receive a payment of $4,000 after completing all requirements of this promotion.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, APPLE.
By clicking “Submit”, applicant accepts and agrees to be bound by these official terms (the “Official Terms” or “Terms”). Any violation of these Terms may, at PopularLiving’s sole discretion, result in disqualification. All decisions of PopularLiving are final and binding in all respects.
Application. PopularLiving will accept applications from March 20, 2024 to May 20, 2024, at 11:59pm EST, when all applications must be received (the “Application Period”). The application is open only to legal residents of the United States and District of Columbia who are at least 18 years old as of the date of entry.
One applicant will be selected from all received applications after the close of the Application Period and will be notified via the contact information provided in the application. If the selected candidate does not respond within two (2) days from the date that PopularLiving first tries to notify them an alternate candidate will be selected.
Testing Period. PopularLiving will send the selected applicant (the “Chief Enthusiast”) an Apple Vision Pro unit to use for a period of two (2) weeks (“Testing Period”). By applying you agree that you will maintain the Apple Vision Pro in good condition during the Testing Period and that you will return the Apple Vision Pro within two (2) business days of the conclusion of the Testing Period using the pre-paid return label provided by PopularLiving. Failure to return the Apple Vision Pro in good condition, and within the required time frame will result in forfeiture of the $4,000 payment.
Payment. The Chief Enthusiast will receive consideration in the form of a payment of $4,000 USD (the “Payment”) after completing the following:
During the Testing Period the Chief Enthusiast will record at least one 2 minute long video of the Chief Enthusiast’s experience using the Apple Vision Pro (the “Video”) and will provide the Video to PopularLiving for posting and use by PopularLiving;
Provide a written review of the Apple Vision Pro discussing the Apple Vision Pro’s use for working, socializing and playing;
Make at least three social media posts to the Chief Enthusiast’s social media accounts, including Instagram, Facebook or TikTok, discussing the Apple Vision Pro’s use for working, socializing and playing;
Return the Apple Vision Pro to PopularLiving in good condition within one week of the the end of the Testing Period; and
Provide a completed and signed IRS Form W9 to PopularLiving and a signed Release.
Release. By clicking “Submit” you hereby grant to PopularLiving the right to use my name, likeness, biographical data, photograph, Video(s), Reviews, social media posts, interview (in whole or in part, whether or not accompanied by other material), for any purpose, without further permission or compensation. I understand and agree that all photographs, videos, comments, statements or other materials provided by me will become the property of PopularLiving and may be used by PopularLiving for any purpose in PopularLiving’s sole discretion.
In addition, you release and discharge, PopularLiving and any other party associated with the development, administration, or promotion of the Chief Apple Enthusiast promotion, and their parents, subsidiaries, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors, and assigns (collectively, the “Released Entities”) from any and all liability whatsoever in connection with this promotion, including, without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation, personal injuries, death, damage to, loss, or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light). Except where prohibited: (i) application constitutes the consent of the applicant, without further compensation, to use their name, likeness, biographical data, and contact information for editorial, advertising, marketing, publicity, and administrative purposes by PopularLiving; and (ii) acceptance of the Apple Vision Pro for testing constitutes a release by the Candidate of PopularLiving and the Released Entities of any and all Claims in connection with the administration of this Promotion. If at any time an applicant or the Candidate is determined by PopularLiving to have been under 18 years of age, such applicant or Candidate forfeits all rights to participate in this Promotion or to receive the Apple Vision Pro or the Payment and an alternate applicant may be selected by PopularLiving at its sole discretion.
No Employment. You acknowledge and agree that the Chief Enthusiast will not be an employee of PopularLiving. Nothing contained herein or any document executed in connection herewith, shall be construed to create an employer-employee relationship or partnership or joint venture relationship between PopularLiving and any applicant or the Chief Enthusiast. This is a limited promotion and is not an employment position. The selected applicant is an independent contractor and not an employee of PopularLiving or any of its affiliates. The consideration set forth in Section 3 is the sole consideration due to the Chief Enthusiast.
Taxes. All applicable federal, state, and/or local income and other taxes related to the Apple Vision Pro (if it is not returned) or the Payment, if any, are the Candidate’s sole responsibility. The Candidate, is required to provide a completed and signed IRS Form W9 prior to receipt of the Apple Vision Pro or the Payment. In the event the Apple Vision Pro is not returned to PopularLiving, the W9 which is issued to the Candidate will include the purchase price of the Apple Vision Pro.
Governing Law and Arbitration. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT. You agree that any and all disputes, claims or controversies arising out of or related to your application, participation in the promotion or selection as the Chief Enthusiast, and/or your dealings with the Company shall be settled by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be in Las Vegas, Nevada, or via remote means. Arbitration hereunder shall be conducted by one neutral arbitrator appointed by JAMS. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. Any disputes, including any threshold disagreement about the arbitrability of any claim, shall be delegated to the arbitrator (and not a court). In no event shall the arbitrator have any authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not determine or award any alternative allocation of costs and expenses, including any attorney’s fees, unless a statute specifically authorized such an award. The parties’ respective responsibilities to pay any JAMS filing, administrative, and arbitrator fees will be solely in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. Except as otherwise provided herein and irrespective of the outcome of arbitration, each party shall bear its own costs and expenses, including its own attorneys’ fees. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. You agree and submit to the personal jurisdiction and venue of any such court of competent jurisdiction. In the event that this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining terms of this Agreement shall remain in full force and effect, including the waiver of the right to proceed in a class action.
