THE FOLLOWING ARE THE TERMS AND CONDITIONS (“TERMS”) APPLICABLE TO THE INTERVIEW PROGRAM (“PROGRAM”) BETWEEN DAILYPAY, LLC WITH ITS OFFICES AT 55 WATER ST., 42nd FLOOR, NEW YORK, NY 10041 (“DAILYPAY” OR “US”) AND THE PARTICIPANT (“PARTICIPANT” OR “YOU”). PROGRAM PARTICIPATION IS OPEN TO THOSE WHO MEET THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW. VOID WHERE PROHIBITED BY LAW.
BY PARTICIPATING IN THE PROGRAM, YOU AGREE THAT YOU HAVE READ AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE PROGRAM.
1. Description. The Program is a limited time incentive program in which eligible participants will participate in a one-on-one recorded interview (“Interview”) with DailyPay representatives related to DailyPay’s product features and offerings. The participation in the Interview will be conducted via Zoom and is intended to last up to 30 minutes. During the Interview, you will be asked to answer questions related to DailyPay’s products and services.
2. Eligibility. To be eligible to participate in the Program, you must meet all of the following eligibility requirements: (i) be eighteen (18) years of age or older (or the age of majority in your jurisdiction of residence if higher than 18); (ii) be a legal resident of the fifty (50) United States or the District of Columbia; (iii) have had an active DailyPay account; (iv) be the authorized account holder of the e-mail address used to register for the DailyPay account; and (v) have received an email from DailyPay with an invitation to participate in the Program.
3. Gift Card. If you sign up to participate in the Program and then complete the full Interview in accordance with these Terms, you will be eligible to receive a $50 virtual gift card (“Gift Card”). To qualify for a Gift Card, the full Interview must be completed with our team by April 30, 2025. You may only complete the Interview one time, and each participant may receive only one Gift Card. You have until May 31, 2025, to claim your Gift Card. Within seven days of completing the Interview, an invitation from Reachdesk will be sent to the email address used to register for the DailyPay account to claim the Gift Card via a link. The Gift Card must be claimed by May 31, 2025. If the Gift Card is not claimed by May 31, 2025, it will no longer be accessible and will be forfeited.
4. Participation. Eligible participants may participate in the Program by responding to the DailyPay email soliciting participation. Limited Interview spots are available, and availability is not guaranteed. After your enrollment to participate in the Program is completed, you will receive am email invitation with the scheduled date and time and the Zoom link for the Interview. You agree to dress and present yourself professionally during your participation in the Interview. Indecent, inappropriate, or unprofessional conduct, attire or backgrounds may cause the Participant to not qualify for the Gift Card. Participants who submit incomplete Interview responses or otherwise fail to adhere to these Terms will not be entitled to the Gift Gard, in our sole discretion. DailyPay is not responsible for any inability to access the Interview or claim the Gift Card due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. DailyPay may attempt to contact you via a call to your telephone number provided in connection with your DailyPay account if it appears that you are having difficulty accessing the Zoom invite, and you expressly authorize DailyPay to do so.
5. Permission to be Recorded and Use of Recording. By participating in the Program, you assign to DailyPay all right, title, ownership, and interest in all your Interview responses (“Responses”). You further authorize DailyPay, and those acting pursuant to its authority to: (i) record your image, likeness and/or voice on a video, audio, photographic, digital, electronic, or any other medium (“Recordings”); (ii) use your name, video and audio recordings of you, and biographical material in connection with such Recordings; and (iii) take, edit, alter, copy, enhance, crop, exhibit, publish distribute, and make use of any and all Responses and Recordings taken of you to be used in and/or for any lawful promotional materials in any medium for promotional, advertising, education, and/or other lawful purposes. You hereby release and hold harmless DailyPay from any reasonable expectation of privacy or confidentiality associated with the Responses and Recordings. This authorization extends to all media, formats, and markets now known or later discovered. The authorization to Recordings shall continue indefinitely unless you otherwise revoke this authorization in writing. You waive the right to inspect or approve any finished product in which your likeness appears, including written or electronic copy. You release and waive any claims or rights of compensation or ownership regarding such uses, including any right to royalties or other compensation arising or related to the use of the Recordings. You release DailyPay, its contractors, employees, and any third parties involved in the creation or publication of marketing materials from liability for any claims by you or any third party in connection with your participation including without limitation any claims related to blurring distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur do to processing, publication or dissemination of the image, likeness or voice. You understand and agree that all such Responses and Recordings shall remain the property of DailyPay.
6. Confidentiality Obligations. “Confidential Information” means the Program, the Interview and its content, including any nonpublic, confidential, proprietary information about DailyPay, its brand, design, patterns, documents, data, business operations, pricing, content, features, functions, current and potential products or services, and the fact that DailyPay is conducting the Program. You agree not to disclose Confidential Information to anyone for any purpose other than for completing the Interview and to assign the Responses to DailyPay. You agree to keep your participation in the Program and the Interview questions and all other aspects of the Interview confidential. You agree and acknowledge that your breach or threatened breach of the confidentiality obligations in these Terms may result in irreparable harm to DailyPay for which money damages would be an insufficient remedy, and that DailyPay will be entitled to seek injunctive relief to enforce the provisions of this section.
9. Privacy Policy. Any personally identifiable information collected during a Participant’s participation in the Program will be collected and used by DailyPay and its designees for administration of the Program, including by Reachdesk for fulfillment of the Gift Cards, in accordance with its privacy policy available at https://reachdesk.com/policy-center, and as otherwise described in these Terms. DailyPay’s privacy policy is available at https://www.dailypay.com/legal/privacy.
11. Additional Terms. No transfer, assignment or substitution of the Gift Card shall be made for cash or any other incentive, except by DailyPay, which reserves the right to substitute the Gift Card with another incentive of comparable or greater value if the Gift Card is not available for any reason as determined by DailyPay in its sole discretion. DailyPay is not responsible and will not replace it if any Gift Card is lost, stolen, destroyed, or used without permission. All Gift Card recipients are solely responsible for all federal, state and local taxes arising from receipt, acceptance or use of the Gift Card. All Gift Cards must be accepted “as is,” and no warranties will be provided by DailyPay.
12. General Conditions and Release. Your answers or submissions must not disclose any confidential information, trade secrets, patentable subject matter, any account information or other personal data at any stage of the Interview. By participating in the Program, you release, discharge and hold harmless DailyPay, and its respective directors, officers, agents and employees (collectively, the “Released Parties”) from any and all liabilities for any claims, costs, injuries, losses or damages of any kind arising out of your participation in the Program, the Interview, and the acceptance of a Gift Card, including any violation of these Terms. You also agree and acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any product liability, warranty, representation or guarantee, expressed or implied, in fact or in law, related to the Gift Card including, but not limited to, its performance, or availability. Neither the Released Parties nor any service providers of the Released Parties are responsible for lost, incomplete, illegible, late, damaged, inaccurate, misdirected, garbled, or undelivered submissions or email, miscommunications, failed computer hardware or software or technical failures, printing, typographical or other errors appearing within the Terms, in any Program-related announcement or other materials, or other errors or problems of any kind relating to or in connection with the Program, including, without limitation, errors or problems which may occur in connection with the administration of the Program related to scheduling, the processing of entries, mail or email, or any injury or damage to you or any other persons’ computers or equipment related to or resulting from participation, or uploading or downloading of any materials related to the Program. Any materials provided to participants by DailyPay are solely to facilitate participation in the Program on an “AS IS” basis without warranties of any kind.
ANY ATTEMPT TO DELIBERATELY TAMPER WITH THE ENTRY PROCESS OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM OR TO DEFRAUD DAILYPAY IN ANY WAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, DAILYPAY RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Our failure to enforce any term of these Terms shall not constitute a waiver of such term or provision. If for any reason the Program is not capable of being executed as planned, due to tampering, unauthorized intervention, fraud, technical failures or any other causes which in the opinion of DailyPay, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, DailyPay reserves the right at its sole discretion to void content submitted on your behalf and to cancel, terminate, modify or suspend the Program or any Interview (or any portion thereof) for any reason. In the event of any cancellation, termination or suspension, DailyPay will use commercially reasonably effort to notify you and the distribution of Gift Cards will be made in a manner determined by DailyPay in its sole discretion, to be fair, appropriate and consistent with these Terms.
13. Disputes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, your rights and obligations, or the rights and obligations of DailyPay in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules, and the forum and venue for any dispute relating to the Program or these Terms shall be in New York County, New York.
14. Agreement to Terms. By participating in the Program, you agree to abide by and be subject to these Terms and DailyPay’s decisions, which are binding in all respects. DailyPay reserves the right to refuse, withdraw, or disqualify any Participant at any time in its sole discretion. By participating in the Program, you represent and warrant that you are eligible to participate based on eligibility requirements set forth in these Terms. You also agree to accept the decisions of DailyPay as final and binding as it relates to the Program and the Gift Card.
