VOYA BORN TO SAVE OFFER
TERMS AND CONDITIONS
NO PURCHASE NECESSARY.
1. ELIGIBILITY: WHO IS THIS OFFER AVAILABLE TO?
The Voya Born to Save Offer (“Offer”) is made by Voya Services Company, 5780 Powers Ferry Road, NW, Atlanta, GA 30327 (“Voya”) to each “Eligible Parent or Legal Guardian” with an “Eligible Child” (as those terms are defined below) who satisfies the conditions and requirements set forth in these Offer Terms and Conditions. As discussed herein, certain personal information from persons responding to the Offer will be collected by US Sweepstakes and Fulfillment Co., 625 Panorama Trail, Suite 2100, Rochester, NY 14625 (“Administrator”) on behalf of Voya. Other personal information from persons responding to the Offer will be collected directly by Voya and/or Voya’s parent companies, subsidiaries and affiliates (collectively, “Voya Affiliates”).
- A. Eligible Child. An eligible child (“Eligible Child”) is a child (i) born on October 19, 2015 (local time at the place of birth) in the 50 United States or the District of Columbia, or born on a U.S. military base (including those located outside the 50 United States and the District of Columbia); and (ii) whose parent or legal guardian is a U.S. citizen or legal resident of the 50 United States or the District of Columbia.
- B. Eligible Parent or Legal Guardian. At the time of the Eligible Child’s birth and at the time of registration for this Offer, an eligible parent or legal guardian (“Eligible Parent or Legal Guardian”) must be (i) either (a) a legal resident of the 50 United States or the District of Columbia, or (b) a U.S. citizen; (ii) eighteen (18) years of age or older; and (iii) the parent or legal guardian of the Eligible Child for which registration is submitted pursuant to Section 3.
Employees and independent contractor registered representatives of Voya, Administrator and the Voya Affiliates, and the immediate family members (defined as spouse, parent, siblings, and children regardless of where they reside) of each and those living in the household of same (whether related or not) are ineligible to participate in this Offer.
2. OVERVIEW OF THE OFFER INCLUDING AGREEMENT TO THESE TERMS AND CONDITIONS. All applicable federal, state and local laws and regulations apply to Offer. Offer is void outside (i) the 50 United States, (ii) the District of Columbia, and (iii) U.S. military bases. Offer is void wherever prohibited or restricted by law. Offer shall be subject to these Terms and Conditions and, by registering as set forth in Section 3, all participants agree to be bound by these Terms and Conditions and Voya’s decisions which are final and binding in all matters relating to the Offer. Certain restrictions may apply. Receiving the Financial Product (as defined in Section 7) is contingent upon fulfilling all requirements set forth herein.
No purchase is necessary or required to accept this Offer. Voya seeks to raise awareness of the importance of starting to save for retirement early. You are under no obligation to Voya if you accept this Offer other than as described herein. Voya urges you to assess your own retirement needs, but is not directing you to consider specific Voya products or services in offering this Offer. You are free to consider other financial service companies to achieve your retirement needs.
3. HOW TO REGISTER FOR OFFER (STEP 1). Subject to the limitations herein, an Eligible Parent or Legal Guardian can register for the Offer beginning at 12:01 am Eastern Time (“ET”) on October 19, 2015 and ending at 11:59 pm ET on December 18, 2015 (“Offer Registration Period”). To register, visit signupborntosave.voya.com and complete the online registration form as instructed by providing your name (as the Eligible Parent or Legal Guardian), the name of the Eligible Child, your telephone number, email address, mailing address and other required information (individually and collectively, “Registration Information”). A separate registration is required for each Eligible Child. To be eligible for the Offer, your registration must be received during the Offer Registration Period. Limit one registration per Eligible Child. Only the first registration received from an Eligible Parent or Legal Guardian for a given Eligible Child will be valid. All subsequent registrations associated with that Eligible Child will be void, disqualified and ineligible for the Offer. In the event of a dispute as to whether a person is an Eligible Parent or Legal Guardian and/or an Eligible Child (including a challenge to such status by a third party), (i) Voya and Administrator’s decision regarding such dispute shall be final and binding, and (ii) Voya and Administrator reserve the right, in their sole discretion, to disqualify such person from the Offer. All Registration Information will be collected by Administrator on behalf of Voya.
All registration submissions (and other submissions required pursuant to these Terms and Conditions including those set forth in Sections 4 and 5) become the property of Administrator and/or Voya and will not be returned. Voya, the Voya Affiliates and Administrator are not responsible for lost, late, delayed, stolen, mutilated, incomplete, invalid, unintelligible, illegible, tampered with, postage due, irregular, mechanically reproduced, inaccurate, or misdirected registration submissions (or other submissions required pursuant to these Terms and Conditions including those set forth in Sections 4 and 5) that do not otherwise comply with these Terms and Conditions, all of which will be disqualified. Voya, the Voya Affiliates and Administrator are not responsible for technical, hardware, software, or telephone failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed transmissions which may limit or interfere with a participant’s ability to take part in the Offer.
4. HOW TO RESPOND TO ADMINISTRATOR’S REQUEST FOR FOLLOW-UP DOCUMENTATION TO SUPPORT ELIGIBILITY (STEP 2).
A. Required Documents. Upon receipt of an eligible online registration form from a potential Eligible Parent or Legal Guardian pursuant to Section 3, Administrator, on behalf of Voya, will contact the Eligible Parent or Legal Guardian via email at the email address provided and request that the following documents (collectively, “Eligibility Documents”) be sent/returned to Administrator in accordance with Section 4B:
- Certified copy of birth certificate of Eligible Child;
- Copy of a valid U.S. Driver’s License or other valid government-issued photo identification of Eligible Parent or Legal Guardian;
- Documentation confirming eligibility of Eligible Parent or Legal Guardian including proof of his/her US citizenship and/or lawful residency in the 50 United States (or the District of Columbia) and, if Eligible Parent or Legal Guardian’s name does not appear on the birth certificate of the Eligible Child, then a court order or other legal documentation (subject to Administrator’s approval) demonstrating that such person is the legal guardian of the Eligible Child; and
- Fully completed and signed liability release and a publicity release (unless prohibited by applicable law) (“Release”) which sets forth the rights granted by, and the responsibilities of, the Eligible Parent or Legal Guardian (including, but not limited to, further confirmation of the rights granted by, and the responsibilities of, the Eligible Parent or Legal Guardian set forth herein). The Release will be sent to each Eligible Parent or Legal Guardian via email (or other means as determined in Voya’s sole discretion). Although an Eligible Parent or Legal Guardian is not required to provide a photograph (or other image) of himself/herself with an Eligible Child in order to receive the Financial Product, if such a photograph (or other image) is provided, then its use will be governed by the Release.
In the event that a potential Eligible Parent or Legal Guardian is not reachable, does not qualify, does not fully respond to a request from Administrator, Voya or a Voya Affiliate as set forth herein (or otherwise), is not willing to accept the Financial Product, and/or does not comply with these Terms and Conditions, then such person will forfeit his/her opportunity to receive the Financial Product. All decisions of Administrator and Voya are final and binding. All Eligibility Documents will be collected by Administrator on behalf of Voya.
B. How to Submit Eligibility Documents. Eligibility Documents must be submitted to Administrator either: (i) electronically by uploading all Eligibility Documents as directed at signupborntosave.voya.com; or (ii) via U.S. mail by sending all Eligibility Documents to Administrator at the following address: Voya Born to Save Submissions, P.O. Box 25452, Rochester, NY 14625-0452. All Eligibility Documents submitted electronically must be received by Administrator by 11:59 pm ET on February 1, 2016. All Eligibility Documents submitted via the mail must be postmarked by February 1, 2016 and received by Administrator by February 8, 2016.
Review of submitted Eligibility Documents will be conducted by representatives of Administrator to confirm eligibility. In the event that a potential Eligible Parent or Legal Guardian does not qualify (e.g., because the potential Eligible Parent or Legal Guardian is ineligible, the potential Eligible Child is ineligible, there is inadequate documentation, etc.), then such person will forfeit his/her opportunity to receive the Financial Product on behalf of such child. Administrator reserves the right to ask a potential Eligible Parent or Legal Guardian to provide additional documentation during this process, but Administrator is under no obligation to do so. All decisions of Administrator and Voya are final and binding.
- A. Required Documents. Upon receipt of an eligible online registration form from a potential Eligible Parent or Legal Guardian pursuant to Section 3, Administrator, on behalf of Voya, will contact the Eligible Parent or Legal Guardian via email at the email address provided and request that the following documents (collectively, “Eligibility Documents”) be sent/returned to Administrator in accordance with Section 4B:
- 5. VOYA FOLLOW-UP WITH ELIGIBLE PARENTS AND LEGAL GUARDIANS (STEP 3). Once Administrator confirms that a person is an Eligible Parent or Legal Guardian of an Eligible Child, Administrator will notify Voya of this determination. The Eligible Parent or Legal Guardian of an Eligible Child will then receive an email at the email address provided. The email will contain a unique claim ID that will be required in order to complete the online application for the Financial Product (“Financial Product Application”) as well as a hyperlink that will take the Eligible Parent or Legal Guardian to URL where they must complete the Financial Product Application. Among other things, each Eligible Parent or Legal Guardian must provide his/her Social Security Number or tax identification number and the Social Security Number of the Eligible Child in order to complete the Financial Product Application. Once a Final Product Application is completed online, it will be submitted to Voya Financial Advisors, Inc. (“Voya FA”), a Voya Affiliate, for validation. Once the Final Product Application is validated, Voya FA will notify the Eligible Parent or Legal Guardian via email at the email address provided, and the Eligible Parent or Legal Guardian must electronically sign and submit the Final Product Application to Voya FA. All fully completed and signed Financial Product Applications must be received by Voya FA by 11:59 pm ET on March 4, 2016. If a potential Eligible Parent or Legal Guardian does not timely complete the Financial Product Application, is not willing to accept the Financial Product and/or does not comply with these Terms and Conditions, then such person will forfeit his/her opportunity to receive the Financial Product on behalf of such Eligible Child. All decisions of Voya and Voya FA are final and binding.
- 6. ISSUANCE OF FINANCIAL PRODUCT (STEP 4). Subject to these Terms and Conditions, persons who are confirmed as Eligible Parents or Legal Guardians of an Eligible Child and who have signed and submitted an approved Financial Product Application will receive a funded Financial Product account as of March 31, 2016.
7. FINANCIAL PRODUCT. Each Eligible Parent or Legal Guardian that complies with the above-described requirements will receive, on behalf of his/her Eligible Child, $500 to fund a mutual fund account that initially will be invested by Voya in the Voya Global Target Payment Fund, Class W shares (the “Financial Product”). You agree to receive the Financial Product subject to the requirements of New York’s Uniform Transfers to Minors Act and serve as Custodian pursuant to the terms of N.Y. EPT. LAW § 7-6.25. According to the terms of the New York Uniform Transfers to Minors Act, the Financial Product is the property of the Eligible Child. When agreeing to act as Custodian, you are subject to the requirements and limitations on the use of the Financial Product for the benefit of the Eligible Child. You are advised to review the requirements imposed upon Custodians in New York’s Uniform Transfers to Minors Act. If you are unwilling or unable to serve as Custodian, your application to receive the Financial Product on behalf of the Eligible Child will not be approved, and you will not receive the Financial Product (nor will your Eligible Child).
When issued, the total value of each Financial Product is $500. Thereafter, the value of the Financial Product account will change, and will decrease or increase with changes in market returns. All expenses associated with a Financial Product not specified herein as being awarded are the sole responsibility of each Eligible Parent or Legal Guardian. Financial Products are subject to availability and subject to complete terms and conditions set forth at signupborntosave.voya.com. No substitution or cash equivalent granted except at Voya’s sole option. If a Financial Product is unavailable or cannot be awarded for any reason, Voya reserves the right to award an alternate financial product of equal or greater retail value in lieu of the Financial Product described above. Liquidation and transfer of the Financial Product is subject to the New York Uniform Transfer to Minors Act. All federal, state, and local taxes are the sole responsibility of each Eligible Parent or Legal Guardian and/or Eligible Child. We encourage you to consult with a tax professional for further information.
By accepting the Financial Product, you further acknowledge that, consistent with the Release, Voya may use your first name, city and state of residence and your photo (if you provide a photo to Voya, a Voya Affiliate or Administrator) featuring you and/or your Eligible Child online and in print, or in any other media, without payment or compensation to you.
- 8. LIABILITY RELEASE. BY SUBMITTING YOUR REGISTRATION FOR THIS OFFER, EACH PARTICIPANT AGREES TO RELEASE AND HOLD HARMLESS VOYA, THE VOYA AFFILIATES AND ADMINISTRATOR, AND EACH OF THEIR RESPECTIVE EMPLOYEES, INDEPENDENT CONTRACTOR REGISTERED REPRESENTATIVES, OFFICERS, DIRECTORS AND SHAREHOLDERS (COLLECTIVELY, THE “RELEASEES”), FROM ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE TO PERSONS OR PROPERTY, COSTS, EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND ACTIONS OF ANY KIND AND AGREE TO WAIVE ANY SUCH CLAIMS RELATED TO OR ARISING OUT OF THIS OFFER, INCLUDING, WITHOUT LIMITATION, MY PARTICIPATION IN THE OFFER, ANY DETERMINATION BY VOYA, ADMINISTRATOR AND/OR A VOYA AFFILIATE OF WHO IS AN ELIGIBLE PARENT OR LEGAL GUARDIAN (OR ELIGIBLE CHILD) OR RESULTING FROM THE ACCEPTANCE OR USE OF ANY FINANCIAL PRODUCT PROVIDED INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, INVASION OF THE RIGHT OF PRIVACY OR PUBLICITY.
- 9. LIMITATIONS ON LIABILITY. Releasees shall not be liable to any Eligible Parent or Legal Guardian, Eligible Child, or any other person for failure to supply a Financial Product by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Voya’s sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever. Releasees are not responsible for: (i) any incorrect or inaccurate information whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Offer; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the registration, submission, approval and notification processes associated with the Offer; (iv) technical or human error which may occur in the administration of the Offer or the processing of submitted information and/or documents; (v) late, lost, undeliverable, damaged or stolen information, submissions, documents or notices; or (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Offer or receipt or use or misuse of any financial product.
- 10. GENERAL. If for any reason this Offer is not capable of being conducted as planned, or if this Offer or any participation mechanism associated therewith (or any portion thereof) becomes corrupted or does not allow the proper operation of the Offer and processing of information and/or documents in accordance with these Terms and Conditions, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by participants, fraud, technical failures, or any other causes, in Voya’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Offer, Voya reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Offer or any portion thereof. In the event this Offer is cancelled, terminated, modified, or suspended, the Voya will use reasonable efforts to continue to award Financial Products in such manner as deemed fair and appropriate by Voya in its sole discretion. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE OFFER IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, VOYA RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Voya reserves the right to use representatives from other Voya Affiliates to assist with the operation and administration of this Offer.
- 11. DISPUTES. Except where prohibited, each participant agrees that: (i) any and all disputes, claims and cause of action arising out of or connected with this Offer or any financial product offered in connection with the Offer shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Offer, but in no event attorneys’ fees and the fees of other professionals; and (iii) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim indirect, punitive, incidental, special and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and Voya in connection with the Offer, 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. By submitting a registration pursuant to Section 3, participants consent to the jurisdiction and venue of federal, state and local courts located in New York, New York.
13. IMPORTANT DISCLOSURE.
All investing involves risks of fluctuating prices and the uncertainties of rates of return and yield inherent in investing. Foreign Investing does pose special risks including currency fluctuation, economic and political risks not found in investments that are solely domestic. Emerging Market stocks may be especially volatile. Stock of an issuer in the Fund’s portfolio may decline in price if the issuer fails to make anticipated Dividend Payments because, among other reasons, the issuer of the security experiences a decline in its financial condition. Securities of Small- and Mid-Sized Companies may entail greater price volatility and less liquidity than investing in stocks of larger companies. Other risks of the Fund include but are not limited to: Convertible Securities Risks; Market Trends Risks; Other Investment Companies Risks; Price Volatility Risks; Inability to Sell Securities Risks; and Securities Lending Risks. Investors should consult the Fund’s Prospectus and Statement of Additional Information for a more detailed discussion of the Fund’s risks.
Risks specific to Managed Payment:
The Fund is expected to make monthly payments under its Managed Payment Policy regardless of the Fund's investment performance. Because these payments will be made from Fund assets, the Fund's monthly payments may reduce the amount of assets available for investment by the Fund. It is possible for the Fund to suffer substantial investment losses and simultaneously experience additional asset reductions as a result of its payments to shareholders under the Managed Payment Policy. The Fund may, under its Managed Payment Policy, return capital to shareholders which will decrease their costs basis in the Fund and will affect the amount of any capital gain or loss that shareholders realize when selling or exchanging their Fund shares.
An investor should consider the investment objectives, risks, charges and expenses of the Fund(s) carefully before investing. For a free copy of the Fund’s prospectus, which contains this and other information, visit us at www.voyainvestments.com or call (800) 992-0180. Please read the prospectus carefully before investing.
Not FDIC Insured | May Lose Value | No Bank Guarantee
Mutual funds distributed by Voya Investments Distributor, LLC
230 Park Avenue, New York, NY 10169