Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.
The “Social Media Makeover” Challenge ("Sweepstakes") will begin at 12:00 a.m. Eastern Time ("ET") on April 27, 2009 and end at 11:59:59 p.m. ET on July 31, 2009 ("Promotion Period"). Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules, and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. The Sweepstakes is sponsored by MindComet Corporation, 385 Pearl Lake Causeway, Altamonte Springs, FL 32714 ("Sponsor"). Sponsor is responsible for all aspects of this Sweepstakes.
Eligibility: The Sweepstakes is open to "Nominators" (person who submits an entry) and "Nominees" (subject of the submitted entry) who are legal residents of the 50 United States or the District of Columbia and who have reached the age of majority in their home state (and are at least 18) as of April 27, 2009. Each Nominee must be a charitable organization company as defined by the Internal Revenue Service (“IRS”). Nominees that have been approved as an Internal Revenue Code section 501(c)(3) company as of July 31, 2009 will be eligible to be entered into the Sweepstakes. Each Nominator can be someone within the Nominees Company or a person outside of the Nominees Company that knows that the Nominee is eligible. Employees, officers and representatives of Sponsor and American Sweepstakes & Promotion Co. (“Administrator”), and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies (collectively, “Released Parties”) and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, or restricted by law.
Two Ways to Enter: 1) Participants can nominate a charitable organization (“Nominee”) they believe is “deserving of a social media makeover” by simply completing the online Sweepstakes registration form located at www.communicause.com (the “Website”). Each participant will be required to provide their e-mail address and the name of the company that was nominated. Each valid Nominee will receive one (1) Sweepstake entry for each per participant that provides a nomination. All entries must be received by 11:59 pm ET on July 31, 2009; 2) After completing the online Sweepstakes registration form located at www.communicause.com, participants can nominate the approved charitable organization they believe is "deserving of a social media makeover" through Twitter.com. The "Nominee" can post on their Twitter.com account via the instructions found on the "cause" page at www.communicause.com. Participants must include the URL to www.communicause.com and the ("Nominees") unique ID which will be provided on the "cause" page. Each valid Nominee will receive one (1) Sweepstake entry for each per participant that provides a Twitter nomination. If the ("Nominee's") Twitter post is "retweeted" by another Twitter.com member, each retweet will count as an additional vote. Limit: One vote per Twitter username. All entries must be received by 11:59 pm ET on July 31, 2009.
Limit one (1) entry, for each of the aforementioned methods of entry, per person per e-mail, or per Twitter username and/or mailing address, during the Promotion Period. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Internet entries must be made by the entrant only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, delayed, garbled, undelivered, or misdirected entries. Sponsor reserves the right to disqualify any nominations by any person or e-mail address that submits more than maximum allowed entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the sole purpose of administering this Sweepstakes.
Internet Limitations of Liability: Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend and/or modify the Sweepstakes, or any part of it, at any time, without notice, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award prizes using all non-suspect eligible entries received as of the termination/suspension date, if any infection, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond Sponsor’s control, affects the integrity or proper conduct of the Sweepstakes. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process (if applicable) or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in a disruptive manner. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for: lost, late, incomplete, illegible, incorrect, delayed, garbled, undelivered, or misdirected entries; theft, destruction or unauthorized access to, or alteration of, entries; failures or malfunctions of phones, phone lines or telephone or data transmission systems; interrupted or unavailable network, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or any technical problem, including but not limited to any injury or damage to any person’s computer related to or resulting from Sweepstakes participation; typographical, printing or other errors or omissions in these Official Rules, in any Sweepstakes-related advertisements or other materials, or other problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, in the processing of entries, in the selection or announcement of winners or in the awarding of prizes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor is not responsible for any damage to an entrant’s system which is occasioned by participating in this Sweepstakes or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the entries in the Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Grand Prize: There will one (1) Grand Prize winner. The Grand Prize winner will receive up to $25,000 in professional services. MindComet will provide the winner with expert consulting services to help improve their social media presence and fundraising outreach (Travel expenses are not included). The Approximate Retail Value (ARV) of the Grand Prize is $25,000.00.
By accepting the aforementioned prize, the winning company agrees to release the Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity. Prizes are not exchangeable or transferable. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value.
Drawing and Notification: The Grand Prize winner will be selected from among the top ten eligible Nominees, in a random drawing by the Administrator, an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The drawing will be completed on or about August 15, 2009. Odds of winning will depend on the total number of eligible entries received. The winning company will be notified by telephone and/or USPS mail, or other home delivery service of Sponsor’s choice.
Prize Conditions: Upon initial notification and verification of the Grand Prize Winner, confirmation will be sent to winners via U.S. mail, or other home delivery service of Sponsor’s choice. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected for the prize at issue. The potential winner is subject to verification before any prize will be awarded.
Other Terms & Conditions: The Sweepstakes is responsible for all applicable federal, state, and local laws (if applicable). By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and agree that: 1.) Released Parties and their designees and assigns shall have the right and permission to use (unless prohibited by law) the winner’s name, photographs, statements, company information, and address (city and state), in all forms of media, in perpetuity, without further notice, permission or compensation, and 2.) Released Parties and their designees and assigns and all of their respective officers, directors, employees, representatives and agents shall have no liability and entrant will indemnify, defend and hold Released Parties harmless from any liability, loss, injury, or damage to entrant themselves or any other person or entity, including personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize (including any prize activity or travel related thereto) or participation in this Sweepstakes. Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Sponsor reserves the right, in its sole discretion, to disqualify any entry and to modify, terminate or suspend this Sweepstakes should virus, bugs, non-authorized human intervention, action of entrants, or other causes beyond the reasonable control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Sweepstakes and, if the Sweepstakes is modified, terminated or suspended, at Sponsor’s discretion, select winners from those eligible, non-suspect entries. Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose.
Disputes: As a participant in the Sweepstakes, nominees agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances will any Nominee be permitted to obtain any award for, and the Nominee hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased 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 Official Rules, or the rights and obligations of the entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of Florida, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
Winners List: To request the name of the winner, please send a self-addressed, stamped business size envelope, by October 15, 2009, to: ASC/”Social Media Makeover” Challenge Winners List, 300 State Street, Suite 402, Rochester, NY 14614.
Official Rules by Mail: For your own copy of the Official Rules, send a self-addressed stamped envelope to ASC/”Social Media Makeover” Challenge Official Rules, 300 State Street, Suite 402, Rochester, NY 14614, for receipt by July 31, 2009. VT and WA residents may omit return postage.
Sponsor: MindComet Corporation, 385 Pearl Lake Causeway, Altamonte Springs, FL 32714
