Act! 30th Anniversary Customer Survey Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: This is a professional sweepstakes not open to the general public. The Act! Survey Sweepstakes (the “Sweepstakes”) is open only to existing Act! customers who are at least 18 years old and who are either a legal resident of Australia, New Zealand, the United Kingdom, the Republic of Ireland, the United States, the District of Columbia, or Canada (except Quebec). Employees of Swiftpage ACT! LLC, its related companies, and agents are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all federal, state, and local laws and regulations and is void in Puerto Rico, the Province of Quebec and where prohibited by law.
2. SPONSOR: The Sweepstakes is sponsored by Swiftpage ACT! LLC (“Swiftpage”), 621 17th St., Suite 500, Denver, CO 80293 (“Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling in a timely manner all requirements set forth herein.
4. TIMING: The Sweepstakes begins at 12:00 AM EDT on April 18th, 2017, and ends at 12:00 AM EDT on May 4th, 2017 (the “Sweepstakes Period”). Entries must be completed and submitted by 12:00 AM EDT on May 3rd, 2017 to be eligible. Random prize drawing will take place on May 4th, 2017. The sole determinant of time for the purposes of receipt of a valid entry in the Sweepstakes will be Sponsor’s clock.
5. HOW TO ENTER: To be eligible to win one (1) of thirty (30) available prizes; including one (1) $3,000 Visa Gift Certificate, entrants must complete contact details and Act! 30th Anniversary Customer Survey during the Sweepstakes Period at https://www.act.com/lp/customer-survey. Limit one entry per Act! customer. Sponsor is not responsible for incomplete, invalid, or illegible entries, which will be disqualified.
6. ALTERNATE METHOD OF ENTRY: To enter to win without completing a survey, entrants must mail a sheet of paper or business card with your name, company name, address, phone number and electronic mail address to: Swiftpage ACT! LLC, Attn: 30th Anniversary Customer Survey, 621 17th St., Suite 500, Denver, CO 80293, and ask to be entered into the Sweepstakes. Limit one entry per person. All entries must be received by May 3rd, 2017. Sponsor is not responsible for incomplete, invalid, or illegible entries, which will be disqualified.
7. DRAWING: The potential winners will be selected in a random drawing from all eligible entries received. The drawing will take place on May 4th, 2017 and potential winners will be notified by email within five business days. Each potential winner must be able to confirm delivery address within 15 days of winner notification by email or will forfeit their prize. Sponsor will make one attempt to deliver the prize to the potential winner. If the potential winner is a Canadian resident, he/she will be required to correctly answer, without mechanical aid, a time limited mathematical skill testing question to be administered by telephone, at a time mutually convenient for participant and Swiftpage, prior to verification and award of prize.
8. REQUIREMENTS OF THE POTENTIAL WINNER: Except where prohibited, the potential winner may be required to complete an affidavit of eligibility and liability release (the “Affidavit/Release”) and return the Affidavit/Release to Sponsor within fourteen (14) days of being notified. By entering this Sweepstakes, you agree to complete the Affidavit/Release.
9. PRIZES: Each winner, up to thirty (30) winners, will receive one (1) of thirty (30) prizes. Prizes include:
- $3,000 (value) in Visa gift certificate (ARV $3,000) – One (1) winner
- GoPro HERO5 Black®* (ARV $399 each) – Two (2) winners
- Amazon Echo Dots (Second Generation – Black) (ARV $50 each) – Five (5) winners
- $30 Amazon.com Gift Cards** (ARV $30 each) – Twenty Two (22) winners
Total approximate retail value (“ARV”) of all prizes: $4,708
Prizes are not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by Sponsor, who reserves the right to substitute any prize (or component thereof) with another prize (or component thereof) of equal or greater value if the original prize is not available for any reason as determined by Sponsor in its sole discretion. Winner is responsible for any taxes and fees that are not expressly mentioned above and are associated with receipt or use of prize. Winner of prize (or a substitute of such prize) may be issued an IRS Form 1099 for the ARV of the awarded prize. The odds of winning a prize depend on the number of eligible entries received. Any difference between the stated ARV and the actual value of a particular prize will not be awarded in any form. The use of a third party’s trademark in connection with any prize is solely to describe the prize and does not suggest any endorsement, affiliation or sponsorship between the Sponsor and the third-party trademark owner.
* GoPro, HERO, Karma, Session and their respective logos are trademarks or registered trademarks of GoPro, Inc. GoPro is not a participant in or sponsor of this promotion.
** Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards (“GCs”) cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods at Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. All Amazon ® ,™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.
10. GENERAL CONDITIONS: In the event that the operation, security, administration, or integrity of the Sweepstakes is impaired in any way for any reason, including fraud, technical problem, or any other factor beyond Sponsor’s reasonable control, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries properly received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual or entity it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules, or in any disruptive manner. Any attempt by any individual or entity to deliberately undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such individual or entity to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, entrant agrees to release and hold harmless the Sponsor and its officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) printing errors; (c) lost, late, postage-due, misdirected, or undeliverable mail; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury or damage to persons, entities, or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
13. PUBLICITY; USE OF SURVEY RESPONSES: By participating, where allowed by law, all participants and winner(s) grant Swiftpage exclusive permission to use their names and survey responses in connection with promotion of this and other marketing programs and waive any claims to royalty, right, or remuneration for such use.
14. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Colorado; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
15. OFFICIAL RULES AND SWEEPSTAKES RESULTS: To request a copy of the Official Rules and name of winners, send a self-addressed, stamped (except where prohibited) envelope by May 18, 2017 to Swiftpage ACT! LLC, Attn: 30th Anniversary Customer Survey, 621 17th St., Suite 500, Denver, CO 80293.