GENERAL OFFICIAL RULES FOR ONLINE AND SOCIAL SWEEPSTAKES AND CONTESTS
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN
Open Only to Legal Residents of the 50 United States and D.C. over the Age of Majority
Void in Puerto Rico and Where Prohibited by Law
RULES APPLICABLE TO ALL SWEEPSTAKES AND CONTESTS: These General Official Rules (“General Rules”) govern all Promotions (sweepstakes or contests) conducted by EverCommerce, Inc., EverCommerce Solutions, Inc. and/or any of their subsidiary and affiliated companies (collectively “EverCommerce” or “Company” or “Sponsor”) on their respective company and/or brand websites, social media pages or digital channels. The specific Sponsor entity or entities will be identified in the Additional Rules for each Promotion.
Additional Rules: Each Promotion may also have additional terms that govern that specific Promotion (“Additional Rules”). The Additional Rules, if any, will be contained within or linked to the Promotion’s marketing materials. If there are Additional Rules, the Promotion will be governed by both these General Rules and the Additional Rules. The Additional Rules will prevail in the event of an inconsistency between the General Rules and the Additional Rules.
ENTRY PERIOD: Each Promotion will begin and end on the dates and times (the “Promotion Period”) detailed in the Promotion’s marketing materials or Additional Rules.
No purchase is necessary to enter any Promotion or to win any prize. Unless stated otherwise in the Additional Rules, each Promotion is open only to natural persons who are legal residents of a state within the U.S. or the District of Columbia and have reached the age of majority in their state of residence (except that entrants must be age 21 or older if the Promotion includes a travel prize). To be eligible, all entrants must have agreed to these General Rules and to the Additional Rules, if there are Additional Rules.
Some Promotions may be open only to business entities that are in certain industries or that have met certain eligibility criteria, which will be set forth in more detail in the Promotion’s Additional Rules. Participating entities must be organized in and doing business in one or more of the 50 United States or D.C. to qualify.
The following people/entities are not eligible to participate in any Promotion or win a prize: (1) employees, officers or directors of Company; (2) employees, officers and directors of the Company’s marketing firms (e.g., advertising or promotion companies) or other Company vendors that are involved in or assisting with the Promotion; (3) immediate family members (parent, child, sibling or spouse) of any such employees, officers or directors; (4) any persons residing in the same household as any such employee, officer, or director for three or more months per year, whether or not related to the employee, officer, or director; and (5) any business entities related to or affiliated with Company, its vendors, or others involved in the Promotion.
If a Promotion involves entry through a social media platform such as Facebook, Instagram, Twitter, Google, or Pinterest, then a free profile with such platform is required for eligibility. Entrants will typically need to follow Sponsor’s applicable social media page and set their own profiles to “public” in order for entries to be eligible.
Sponsor reserves the right to verify eligibility qualifications of each prospective winner. Promotions are void in Puerto Rico and U.S. Territories unless expressly stated in the Additional Rules. Void where prohibited.
Use of any automated system or method (e.g., a computer program, robot) of entry will void each entry made by such system or method. A person or entity may enter each Promotion only as many times as is detailed in the Promotion marketing materials or the Additional Rules. If entrant attempts to submit more entries than are permitted or if entrant does not satisfy the other entry conditions, then all of the entries from that person or entity may be void in Sponsor’s sole discretion. Entries that are in violation of these General Rules, the Additional Rules, or the other conditions detailed in the Promotion’s marketing materials may be void in Sponsor’s sole discretion. If Sponsor suspects or determines an actual or attempted fraud, tampering, impairment, or disruption of the administration, security, or fairness of the Promotion or if Sponsor suspects or determines an actual or attempted violation of these General Rules, the Additional Rules, or the Promotion marketing materials, then Sponsor may, in its sole discretion, void any and all entries of the individual or entity that it believes is responsible for or otherwise involved with such acts.
ANY ATTEMPT BY ANY INDIVIDUAL TO DAMAGE OR HARM SPONSOR’S WEBSITE, SOCIAL MEDIA PAGES, Digital ChannelS OR OTHERWISE INTERFERE WITH THE PROPER OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE COMPANY RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT OF THE LAW.
HOW TO ENTER: Specific instructions for how to enter the Promotion will be detailed in the Promotion’s marketing materials or Additional Rules. For Promotion skill contests, details about the contest and/or judging criteria will appear in the Additional Rules along with the entry instructions. Almost all Promotions will require entrants to provide an e-mail address, and most Promotions require internet access. Your mobile service provider’s standard data charges may apply if you use your mobile device to enter a Promotion.
The number, nature, and value of the prize(s) for each Promotion will be detailed in the Promotion’s marketing materials or Additional Rules. Sponsor will award a prize to a potential winner only if the potential winner fully satisfies all conditions, some of which may be detailed in these General Rules, some of which may be detailed in the Additional Rules, and some of which may be detailed to the potential winner during the notification and confirmation process.
For all prizes valued at more than $600, Sponsor will issue a 1099 to the winner in an amount equal to the actual value of the prize at the appropriate time.
Winners are solely responsible for all federal, state, and local taxes applicable to the prize. Prize winners are solely responsible for all associated costs, fees, expenses, and other charges that are directly or indirectly related to the prize or use of the prize (e.g., baggage fees, meals, parking or ground transportation for trip prizes; license, registration, insurance, and maintenance costs for vehicle prizes; subscription services, apps, warranties, maintenance or other costs associated with tech or merchandise prizes; excess costs of merchandise or shipping with gift card prizes), unless the Additional Rules specifically state that those costs, fees, or expenses are included in the prize.
Winner may not transfer the prize before accepting the award, and winner(s) may not substitute a prize or prize component for another prize or for the cash equivalent unless specifically authorized in the Additional Rules. However, Sponsor may substitute a prize or prize component of equal or greater value, or the cash equivalent, for the prize or prize component detailed in the Promotion materials or Additional Rules for any or no reason and without restriction in its sole discretion.
Winner agrees to maintain his or her behavior and the behavior of all guests in accordance with all applicable laws and generally accepted social practices in connection with participation in any prize activity.
No prize may be used with any other promotion or offer. Gift card prizes are subject to all terms and conditions generally applicable to the gift cards. Sponsor will not replace lost or stolen gift cards. Merchandise prizes are provided “as is” and are subject only to the standard warranties provided by the manufacturer, if any. Color, style, size, or other features of merchandise prizes are subject to availability and will be determined in the sole discretion of Sponsor. Physical prizes will be shipped to the mailing address provided by the winner in the entry or confirmation documents within six to eight weeks following the confirmation of the winner. Electronic prizes, such as e-gift cards or promotion codes, will be sent via e-mail to the e-mail address provided by the winner in the entry or confirmation documents within six to eight weeks following confirmation. Sponsor is not responsible for lost, late, damaged, or misdelivered prizes, e-mails or other communications. Prizes consisting of tickets to specific events will typically only include the event tickets, and will not cover any travel costs, parking, meals, souvenirs, or other expenses associated with use of the tickets, unless expressly stated otherwise in the Additional Rules. Winners of tickets to events agree to comply with and abide by all terms and conditions of the ticket license, the applicable venue, and the event sponsor. Tickets may only be used for the specific time and date for the issued event. Travel prizes are subject to the additional terms detailed below and the terms and conditions of the providers generally applicable to travel (such as airline, hotel or rental car requirements). Vehicle prizes are subject to the additional terms detailed below and the terms and conditions of the vehicle dealer, if applicable. Returned prizes will not be awarded.
SPECIAL TERMS RELATED TO TRAVEL PRIZES
Unless otherwise stated in the Additional Rules, Sponsor will process a winner’s prize travel arrangements (e.g., book airline ticket); winners may not make their own arrangements. Once scheduled, the trip must be taken on dates and times arranged by Sponsor or the prize will be forfeited in its entirety. Changes are not permitted after air ticket is booked or hotel is booked. Sponsor is not responsible for travel delays or cancellations. There shall be no compensation or prize substitution if winner or guest(s) are unable to take a prize trip by reason of illness, family emergency, personal events, terrorism, labor strikes, weather, or other acts beyond Sponsor’s or Winner’s control.
If the travel prize allows for guest(s) (e.g., the prize includes two airline tickets), then the winner and guest(s) must travel on same itinerary. Winner and guest(s) are solely responsible for obtaining (and traveling with) valid identification and any other required documents. If any guest is a minor in his/her jurisdiction of residence, he/she must be accompanied on the trip by his/her parent or legal guardian, who must be either the winner or another guest of the winner. If a winner elects to take a travel prize with fewer than the allowed number of guests, Sponsor may change aspects of the prize based on the actual number of travelers and the winner will not receive any compensation or substitute as a result.
If the travel prize includes air ticket(s), the ticket(s) will be for coach class air travel and the ticket(s) will be between major airports near winner’s residence and the destination, unless the Additional Rules state differently.
The actual value of the travel prize depends on the departure and arrival cities, travel dates, activities, market fluctuations, and other factors. The winner will not be awarded the difference between the estimated value of the travel prize stated in the Promotion’s marketing materials and the actual prize value. Trip prize elements (such as, air transportation and hotel accommodations) may be subject to availability, black-out dates, and other restrictions.
Travel prizes must be completed within the period stated in the Additional Rules or within one year from the award if the Additional Rules do not state a period. If the travel prize is not completed within the applicable period, then the prize will be forfeited in its entirety with no compensation or substitution of the prize.
SPECIAL TERMS RELATED TO VEHICLE PRIZES: Sponsor will determine all features of the prize vehicle, including but not limited to make, model, year, style, color of exterior and interior, accessories and equipment package. No substitutions or upgrades are permitted. Potential winner must have all required information and documentation, including but not limited to a valid driver’s license and proof of insurance, and must pay any registration fees, license fees, taxes, dealer preparation costs, or other applicable costs not covered by the prize, at the time the winner picks up or otherwise claims the vehicle. Detailed information regarding the delivery of the prize to a confirmed winner will be included in the Additional Rules for the Promotion. Winner is solely responsible for any costs and expenses associated with ownership and use of the prize vehicle, including but not limited to license, registration, taxes, insurance, gas, maintenance, warranty, equipment, accessories and other expenses associated with the vehicle.
ODDS OF WINNING: The odds of winning a Promotion sweepstakes depend on the number of eligible entries. The odds of winning a Promotion contest depend on how your entry compares to the other entries in light of the judging criteria and the other rules of that particular Promotion contest.
CONSENT & LICENSE TO PUBLICITY AND USE: Except where prohibited by law, each person, by submitting an entry to the Promotion, consents and grants to the Sponsor (and its agents and assigns) the worldwide, perpetual, royalty free, fully paid, irrevocable, sublicensable, and unrestricted right and license to use and exploit all materials and information submitted in connection with the entry to the Promotion (e.g., entrant’s name, voice, likeness, biographical information, email address, photographs, videos) in any manner or media whatsoever (e.g., websites, social media channel posts) for any promotional or publicity purposes without limitation. If the entry materials incorporate other individuals (e.g., an image or video of another person) or incorporate another individual’s intellectual property, then the entrant must secure all necessary releases, clearances, and permissions to allow Sponsor to use and exploit those materials consistent with the above license grant.
If the entrant is an entity, then the individual submitting the entry on behalf of the entity represents and warrants that he or she is an offer of the entity or is otherwise authorized by the entity to bind the entity and to make the representations and license grants in the General Rules. Except where prohibited by law, each person, by submitting an entry to the Promotion of behalf of an entity, consents and grants to the Sponsor (and its agents and assigns) the worldwide, perpetual, royalty free, fully paid, irrevocable, sublicensable, and unrestricted right and license to use and exploit all materials and information submitted in connection with the entry to the Promotion (e.g., individual entrant’s name, voice, likeness, biographical information, email address, photographs, videos, and the applicable entity name, entity location, type of business, social media handles, website, etc.) in any manner or media whatsoever (e.g., websites, social media channel posts) for any promotional or publicity purposes without limitation. Entrant warrants and represents that any and all materials submitted in the entry were created by and are owned by the entrant entity, or that the entrant entity has secured all necessary releases, clearances, and permissions to allow Sponsor to use and exploit those materials consistent with the above license grant.
All entry materials must comply with the terms and policies of any social media platform involved in the Promotion. If there is a Promotion hashtag, it will be detailed in the Additional Rules. Use of the Promotion hashtag to submit photos, videos, comments, or other materials in a Promotion confirms entrant’s agreement to these General Rules and to the Additional Rules of the Promotion. Obviously non-responsive photos, videos, comments or other materials will be disqualified in Sponsor’s sole discretion. Materials depicting or referencing nudity, violence, discrimination, or other content deemed inconsistent with the Sponsor’s brands, as determined in Sponsor’s sole discretion, will be disqualified. Sponsor may, but is not obligated to, randomly select entry materials to feature on its social media sites and/or website from time to time both during and after the Promotion Period. By submitting an entry into a Promotion, you specifically agree to such use.
SELECTION AND NOTIFICATION OF WINNERS
IN GENERAL, WINNER(S) WILL NOT BE REQUIRED TO BE PRESENT AT THE TIME OF THE DRAWING OR SELECTION UNLESS EXPRESSLY STATED IN THE ADDITIONAL RULES.
For Promotion sweepstakes, winners will be selected at random from among all eligible entries within 15 days after the Promotion’s end date. For Promotion contests, the eligible entries will be judged and winners will be selected according to the judging criteria for that Promotion within about 15 days after the Promotion’s end date.
Each potential winner must fully satisfy all requirements for eligibility, and have fully complied with these General Rules and the Additional Rules, and met all other requirements in order for the prize to be awarded.
Each potential winner will be notified by email within two to three business days following the determination unless otherwise stated in the Additional Rules. Each potential winner must formally claim the prize within the time frame and in the manner indicated in the notification.
For some Promotions operated on social media platforms, potential winners may be notified by direct message on the applicable platform. In that case, the Additional Rules will provide an estimated date and time for the notification and will provide a deadline for response by the potential winner via direct message, which will typically be the end of the second business day following notification. Participants are solely responsible for checking their direct messages to see if they are a potential winner.
If any potential winner fails to claim the prize in the manner specified within the stated time period, is found to be ineligible, or fails to fully satisfy all requirements, then such potential winner will be disqualified and an alternate winner will be selected in accordance with these General Rules or the Additional Rules, time permitting. Sponsor reserves the right not to select an alternate winner in the event of a forfeiture of a prize after confirmation of a winner and/or if there is insufficient time to confirm a potential alternate winner in the event of a prize with a time-sensitive travel or event component, as determined in Sponsor’s sole discretion. Sponsor reserves the right not to award a prize if it is unable to confirm a winner for that prize after three attempts. Sponsor further reserves the right not to award a prize in the event it receives an insufficient number of entries to award all of the prizes in a sweepstakes Promotion or an insufficient number of entries meeting the qualifications outlined in the Additional Rules in a contest Promotion. Sponsor’s decisions and actions with respect to the Promotion (e.g., the selection and confirmation of the winner) are final and binding.
Prize awarded to a winning business entity will be awarded in the name of the business associated with the winning entry, and disposition or use of the prize or portions of the prize is in the sole discretion of the winning business. Sponsor shall have no liability or responsibility for disputes between or among employees or officers of the winning business regarding use of the prize or any portion of the prize.
In Sponsor’s sole discretion, any aspect of the Promotion or prize may be performed or provided by a third party. If the third party has additional requirements for claiming or qualifying for a prize, then the potential winner’s eligibility shall also be subject to those requirements in addition to the requirements detailed in these General Rules and the Additional Rules.
If due to a printing, production, technical glitch, or other error, more prizes are claimed than are intended to be awarded for any prize level, the intended prizes will be awarded in a random drawing from among all verified and validated prize claims received for that prize level. In no event will more than the stated number of prizes be awarded.
REQUIREMENTS OF THE WINNER
EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL THAT ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Potential winners of prizes valued at $100 or more and potentially winning business entities may be required to sign an “Affidavit of Eligibility and Release of Liability for Participation, Publicity and Use” (an “Affidavit”) and other similar documents as part of the formal claim and confirmation process. A potential winner will be disqualified and another winner will be selected if the potential winner does not complete, provide, or sign the Affidavit or other documents required by Sponsor within the time required, as determined by Sponsor in its sole discretion; or if the potential winner is found to be ineligible or otherwise noncompliant with the General Rules, Additional Rules, or other requirements, as determined by Sponsor in its sole discretion.
WINNERS LISTS: To request the name(s) of the winner(s) of a Promotion, mail your request (and a self-addressed stamped envelope) to: EverCommerce Solutions, Inc., 3601 Walnut St, Ste 400, Denver, CO 80205. Please identify the specific Promotion for which the winner list is being requested. Requests for winner lists must be received by Sponsor at the address above no later than 30 days after the winner has been selected. Allow six to eight weeks for processing of requests.
SPONSOR: See the Additional Rules of the specific Promotion for the identity of the Sponsor entity and/or brand of the Company operating that Promotion.
SOCIAL MEDIA PLATFORMS: Any Promotion advertised or operated on any of Sponsor’s social media channel pages or profiles is in no way sponsored, endorsed, administered or associated with Facebook, Google, Pinterest, Twitter, Instagram or any other platform. All entries submitted via social media platforms must comply with all policies of that platform. Any such Promotion is subject to all terms and conditions for promotions operated on such platform.
Colorado law governs each Promotion.
Sponsor may cancel or change any Promotion if fraud, misconduct, technical failure, or any other factor beyond Sponsor’s reasonable control interferes with the security or proper administration of the Promotion, as determined by Sponsor in its sole discretion. If Sponsor cancels or changes a Promotion Sponsor may post to its website, social media profiles, digital channels or other relevant location a notice of such cancellation or change, and reserves the right to award the prize(s) in a manner consistent with these General Rules or the Additional Rules, as determined by Sponsor in its sole discretion.
SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO EACH PROMOTION.
Sponsor’s failure to enforce any term of these General Rules or the Additional Rules do not constitute a waiver of Sponsor’s ability to enforce its rights under these General Rules or the Additional Rules.
The invalidity or unenforceability of any part of these General Rules or the Additional Rules shall not affect the validity or enforceability of any other part of these General Rules or the Additional Rules. In the event that any provision of these General Rules or the Additional Rules is determined to be invalid or otherwise unenforceable, these General Rules or the Additional Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained within these General Rules or the Additional Rules.
The names, likenesses, logos, and images of individuals, groups, companies, products, and services mentioned in these General Rules, the Additional Rules, or in any promotional materials are used for identification purposes only and are the copyrighted properties and trademarks of their respective owners. Such use does not suggest or create any association with Sponsor or endorsement of Sponsor or the Promotion, except as otherwise specifically indicated in the Promotion marketing material or Additional Rules.
In case of dispute, entries will be declared made by the individual or business listed as the authorized account holder of the email address provided with the entry. “Authorized account holder” is defined as the natural person or business entity who is assigned to an email address by an Internet Access Provider, Online Service Provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
DISPUTES & LIMITATIONS OF LIABILITY: By entering into the Promotion, you agree to resolve any and all disputes, claims, and causes of action arising out of or connected with each Promotion (an “Action”): (1) individually (i.e., you expressly waive your right to participate in any type of class action lawsuit relating to the Promotion by entering into the Promotion); and (2) exclusively by the Federal or State courts located in Denver, CO.
By entering into the Promotion, you agree that: (1) if you are successful in an Action, then your recovery is limited to (i.e., will not exceed) the total prize value divided by the total number of eligible entries; (2) You waive all indirect, incidental, punitive, special, disgorgement, consequential damages of any kind (including, without limitation, lost profits), costs (e.g., attorneys’ fees, expert fees, filing fees, fines), or expenses, even if you have notified Company of the possibility of such damages.
These General Rules and the Additional Rules (if any) are governed by and must be construed in accordance with Colorado state laws, without regard to its conflict of laws doctrine. If a court finds any provision of these General Rules or the Additional Rules invalid or unenforceable, then it is the parties’ intention that the court enforce: (1) such provision to the maximum extent permissible; and (2) the other remaining provisions of these General Rules and the Additional Rules (if any). The failure or delay by the Company to enforce any provision of these General Rules or the Additional Rules will not constitute a waiver of future enforcement of that provision or any other provision.
INDEMNIFICATION & RELEASE
By entering into the Promotion, you agree to defend, indemnify, and hold Sponsor, including its parent, subsidiary, affiliate or related entities, and all of their respective employees, officers, directors, agents, and representatives (“Released Parties”), harmless for any and all claims, damages, losses, liabilities, judgments, or other expenses arising out of or related to your entry and participation in the Promotion, use or misuse of any prize you may be awarded in a Promotion, or the use or exploitation of any materials and information submitted in connection with your entry in the Promotion (e.g., an allegation that Sponsor’s use of your entry materials violated a third party’s intellectual property rights, confidentiality rights, privacy rights, or contract rights, or otherwise lacked the third party’s authorization). You must secure the written consent of Sponsor before settling or otherwise resolving an indemnified action.
By entering a Promotion, you release, waive, acquit and forever discharge the Released Parties, on behalf of yourself and your heirs, successors and assigns, from liability of any kind or nature for any loss, claims, damages, or injuries of any kind, including but not limited to personal injuries, death, disability, property damages, and attorneys’ fees and expenses, due in whole or in part, directly or indirectly, from participation in this Promotion, the acceptance, possession, use or misuse of any prize, or any Promotion- or prize-related activity.
To the extent any Promotion is advertised or operated on any social media platform, by entering, you release, waive, acquit and forever discharge Facebook, Instagram, Twitter, Google, Pinterest, or other applicable platform, on behalf of yourself and your heirs, successors and assigns, from liability of any kind or nature for any loss, claims, damages, or injuries of any kind, including but not limited to personal injuries, death, disability, property damages, and attorneys’ fees and expenses, due in whole or in part, directly or indirectly, from participation in this Promotion, the acceptance, possession, use or misuse of any prize, or any Promotion- or prize-related activity.
ADDITIONAL LIMITATIONS OF LIABILITY: Sponsor is not responsible for: (1) any errors, omissions, interruptions, defects, technical failures, unauthorized human intervention, or delays that may occur in connection with the Promotion, entries, or prize(s) or communications related to same; (2) your conduct in connection with the Promotion or entry; (3) winner’s use of the prize; (4) incorrect, inaccurate, late, lost, stolen, illegible, incomplete, or misdirected entries, or entries received through impermissible or illegitimate channels, or (5) any death, injury or damage to you or to other persons, to your property or other person’s property, which may be caused, directly or indirectly, in whole or in part, from your entry or participation in any Promotion or your use or misuse of any prize.