© 2014 WordStream, Inc. All rights reserved.
Official Sweepstakes Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OFFERED ONLY IN THE 50 UNITED STATES (INCLUDING D.C.) AND CANADA (EXCLUDING QUEBEC). VOID IN QUEBEC AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.
1. ELIGIBILITY: The WordStream “Grade & Get Paid” Sweepstakes is a trade promotion (“Promotion”) open only to small to medium businesses (each an “SMB”) in the U.S. and Canada (excluding Quebec) (eligible “entrant”). Employees, directors and officers of WordStream (“Sponsor”) and the participating advertising and promotion agencies, prize suppliers and other entities involved in the preparation of materials for, administration and/or execution of this Promotion (collectively “Promotion Entities”), and immediate family members (spouse, siblings, children and parents including foster and step-relations) and/or those living in the same household (whether or not related) as any of the foregoing entities are ineligible. Individuals entering must have full power and authority to enter by and on behalf of their SMB, and by entering bind themselves and their respective SMB to the terms herein. Agencies or any other third party may NOT enter on behalf of their SMB client whose account they may manage; the SMB must enter on their own behalf.
IMPORTANT NOTICE: By entering, all entrants and winner agree to be bound to these Official Rules and the decisions of the Sponsor and its authorized representatives, which are final and binding in all matters concerning this Promotion. Entrants have the responsibility to review and understand their employer’s policies and all applicable laws, rules and regulations (“laws”) regarding eligibility to participate in trade promotions. If an individual is participating in violation of their employer’s policies or laws, that individual and the SMB may be disqualified from this Promotion, or from receiving prizes. Promotion Entities disclaim any and all liability or responsibility for disputes related to this matter.
2. PROMOTION PERIOD: Starts on or about 12:00 am Eastern Time (“ET”) on May 20, 2014 and ends 11:59 pm ET on June 21st, 2014 (“Promotion Period”). All time referenced herein is Eastern Time. Sponsor’s server shall be the official time-keeping device for the Promotion. Entrants are solely responsible for determining the corresponding time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto.
3. HOW TO ENTER: During the Promotion Period, an eligible SMB entrant which is an active Google AdWords account holder (“AdWords account”) that owns and is directly billed by/for the AdWords account, may enter by visiting http://marketing.wordstream.com/gradeandgetpaidsweepstakes, completing all required information, and securely connecting (via Google) to entrant’s active AdWords account and running the free WordStream AdWords Performance Grader (“Grader”) applicable to that SMB entrant’s AdWords account (“entry”). You may only run a WordStream AdWords Performance Grader (as defined below) on the site during the Promotion Period. For purposes of this Promotion, an “active AdWords account” must be one in which spend occurred on or within ninety (90) days immediately prior to the Promotion. Inactive, non-existent, incomplete, or otherwise ineligible accounts and/or links, incomplete or insincere responses, or accounts on which the Grader fails to run, will not be a valid entry. To enter without having an AdWords account or running the Grader, eligible SMB entrants must print their name, SMB name, complete address (no PO boxes), phone, email address, on a 3”x5” card, and mail in a sufficiently first-class stamped envelope to: WordStream, Inc. c/o Marketing Department, “Grade and Get Paid” Sweepstakes Mail-in Entry Request, 177 Huntington Avenue, Boston, MA 02115. Mail-in entries must be postmarked on or by the first business day after the end of the Promotion Period, and must be received on or within seven (7) business days after the end of the Promotion Period.
Limit one (1) entry per SMB entrant, regardless of entry method used. In the event more than one entry is received for any entrant (for the same AdWords account if applicable), only the first entry will be considered and all subsequent entries will be disqualified. As applicable, entrants understand the Grader will run a comprehensive evaluation (using a proprietary algorithm that utilizes many different factors including ad spend, Quality Score, Wasted Spend, ranking, impression and other variables) of the AdWords account that is the subject of the entry, and entrants agree to receive a report from this evaluation which will contain an overall AdWords account performance grade, areas for improvement, and tips/recommendations to improve their grade.
Prizes will be awarded only assuming sufficient eligible entries are received. Prize awards are subject to compliance with these Official Rules and verification of entrant, eligibility, AdWords account (as applicable), and any other information required by Sponsor in order to verify the potential winner, prior to prize award. Any perceived or suspected attempt (as determined by Sponsor) by any entrant or individual, directly or indirectly, to obtain unauthentic or fraudulent AdWords accounts/activity, use of multiple accounts, identities, cheating, fraud, on-line sweepstakes clubs (or similar methods), exchange sites, robotic, automatic, macro, script, programmed or like entry methods or any other unauthorized or illegitimate activities will void all such entries by such methods, and disqualify any entrant suspected of using/benefitting from such methods. Without limiting the foregoing, Sponsor has the right to verify entrants’ eligibility and compliance with these Official Rules and, on the basis of its investigation, to disqualify any entrant at any time during or after the Promotion Period, and to require immediate prize return if applicable. Sponsor reserves the right not to award a prize if in its reasonable determination doing so would bring the Promotion Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion or the Promotion Entities as determined by Sponsor in its sole discretion.
Proof of entry submission, registration, and/or running AdWords Grader (and related activity) is not proof of entry receipt by Sponsor or eligibility for the Promotion. In the event of a dispute as to a valid account, the entrant assigned to that account in accordance with Google AdWords supporting documentation or as otherwise determined by Sponsor in its sole and absolute discretion will be deemed to be the entrant for purposes of this Promotion. Promotion Entities are not responsible for late, lost, misdirected, incomplete, stolen, returned, damaged, illegible, undelivered, or postage-due entries, and/or any other information or data in connection with the Promotion. All entries and related information will not be acknowledged or returned.
4. RANDOM DRAWING/ODDS: Potential winner(s) will be selected in a random drawing from among all eligible entries received during the Promotion Period. Odds of winning depend on the number of eligible entries received during the Promotion Period. Drawing will be conducted by Sponsor, in Boston, MA at approximately 11 AM ET on or about fourteen (14) business days following the Promotion Period.
An authorized representative from the potential winning SMB will be contacted via telephone or email address (in Sponsor’s discretion) on or about five (5) business days after the drawing in order to notify them that their SMB has been selected as the potential prize winner for the applicable prize/level and to verify eligibility and compliance. Potential winner may be required to complete, sign, have notarized and return an Affidavit (or if Canadian, a Declaration) of Eligibility, Liability and, where lawful, Publicity Release within the time specified by Sponsor, or else prize will be forfeited. For Canada residents only, any potential winner will be required to correctly answer a timed, mathematical skill-testing question in order to be confirmed as a winner and receive the prize.
5. PRIZE: Grand Prize (1): a Google Glass. Approximate Retail Value (“ARV”): US$1,500.00/CD$1,630.00.
All costs, fees, other expenses, and any upgrades, overages, and extras are the winners’ sole responsibility. All features, elements, equipment, and modifications of the prize will be determined by Sponsor in its sole and absolute discretion. All federal, state and local taxes on a prize are winner’s responsibility. Any difference between the actual value and the ARV will not be awarded as cash or otherwise. Sponsor will not replace any lost or stolen pre-paid cards; any pre-paid card awarded as a prize is subject to the terms and conditions of issuer. No assignment, transfer, or substitution of a prize, in whole or in part, is permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. Limit one (1) prize per SMB. In no event will Promotion Entities be responsible to award more than the stated number of prize(s).
In the event that Sponsor is unable to contact a potential prize winner by the second attempt, or in the event a potential prize winner is unable to or unwilling to accept the prize as-awarded in full for any reason, or a potential prize winner is or becomes non-compliant, ineligible, or otherwise deemed to have forfeited the prize under the terms of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate potential prize winner by random. In the event an alternate winner cannot be contacted by two separate attempts the prize will not be awarded. Prize or prize notifications that are unclaimed, returned, undeliverable, or otherwise, will be forfeited and will not be awarded or re-awarded. The final determination of winner will be in Sponsor’s sole and absolute discretion. The prizes will be awarded in the name of and to the SMB and not to an individual. All employment and related issues, if any, will be determined by Sponsor in its sole and absolute discretion.
6. CONDITIONS OF PARTICIPATION: Any information not legitimately submitted, not capable of reasonable and timely verification, or not legitimately earned, or that is not in accordance with these Official Rules is void. An entrant is not a winner of any prize, unless and until their eligibility and the potential win have been verified and an authorized representative from said entrant has been notified that verification is complete and any documentation necessary for verification has been completed in full, unchanged and timely received by Sponsor or its authorized representative for verification.
Acceptance of a prize constitutes permission for Sponsor and its authorized representatives to use winner’s business name, information, principle/owners names, and the opinions, voices, photographs and/or likenesses of authorized representatives for advertising and promotional purposes in any and all media now known or hereinafter developed throughout the world in perpetuity, without additional compensation, review, notification or permission, unless prohibited by law. Sponsor is not responsible for any typographical, human or other error in the printing of Promotion and/or collateral advertising materials, administration of the Promotion, processing of entries, or in the announcement of the prize or in any other materials or information associated with the Promotion. Entrants hereby agree Promotion Entities shall have no liability for any such materials containing printing, production, typographical, mechanical, or other errors. If, through printing or production error, or for any other reason whatsoever, more prizes are claimed (for that prize category, if applicable) than intended and/or set forth in these Official Rules, Sponsor reserves the right to award such prize(s) (for that prize category, if applicable) by random drawing, or as it otherwise deems equitable.
If for any reason the Promotion, in whole or in part, is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, human error, or any other causes, technological or otherwise, which corrupt, disrupt or otherwise affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend any or all aspects of the Promotion, or any element thereof, and Sponsor reserves the right, but not the obligation, to select the winner (for the applicable prize level) at random from eligible non-suspect entries received prior to the date of such action, or as otherwise deemed fair and equitable by Sponsor. Sponsor further reserves the right to disqualify any entrant for any reason in its sole and absolute discretion. Without limiting the foregoing, disqualification will result if entrant is found or suspected, to be tampering with the entry process or the operation of the Promotion, cheating, or acting in a fraudulent, non-sportsmanlike or disruptive manner. Caution: Any attempt by any individual to deliberately damage or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent of the law.
7. INDEMNIFICATION: Winner agrees, by accepting the prize, and each entrant agrees, by participating in this Promotion, to release, discharge, indemnify and hold harmless, to the fullest extent permitted by law, the Promotion Entities and their respective parents, subsidiaries, affiliates, advertising and promotional agencies and any other companies participating in the design, administration or fulfillment of this Promotion and their respective officers, directors, employees and agents (collectively “Released Parties”) from and against any and all claims, actions or liability for any threatened or actual injuries, loss, or damage of any kind to person, including death or disability, and property, arising in whole or in part, directly or indirectly, from participation in this Promotion, the delivery, acceptance, possession, use, misuse, or inability to use a prize, participation in any Promotion-related activity or inability to participate in parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory, and whether or not caused in whole or in part by the negligence of one or more of the Released Parties. Entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release to the fullest extent permitted by law. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision.
8. LIMITATIONS OF LIABILITY: IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION. WITHOUT LIMITING THE FOREGOING, EXCEPT FOR ANY STANDARD WARRANTY THAT MAY BE PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER OF A PRIZE, OR ANY ELEMENT THEREOF, TO THE WINNER, IF ANY, SPONSOR HAS NOT MADE, AND SPONSOR IS NOT RESPONSIBLE IN ANY MANNER FOR, ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR LAW, RELATING TO ANY PRIZE, OR ANY ELEMENT THEREOF, INCLUDING BUT NOT LIMITED TO, THE QUALITY, MECHANICAL CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9. NETWORK/FORCE MAJEURE: Sponsor is not responsible for omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to the site, or alterations of entries, reports, grades or any other data, and/or related information or materials, or for human error, technical, network, telephone equipment, electronic, computer, hardware or software malfunctions, incompatibility, inaccessibility, unavailability, or limitations of any kind, or inaccurate transmissions of, or failure to collect/receive entries or any other information by Sponsor, any force majeure event, or any other similar or dissimilar event beyond Sponsor’s reasonable control.
10. GOVERNING LAW; DISPUTES: By entering the Promotion, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize award shall be resolved individually, without resort to any form of class action, and exclusively by a one-person neutral arbitrator located in Boston, MA; and (ii) in addition to the limitations in these Official Rules, any and all arbitration claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees. Except where prohibited by law, all issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the entrant and Sponsor, shall be construed and governed by the laws of the State of Massachusetts, without regard to conflicts of law rules.
11. PRIVACY POLICY: For information about how the Sponsor uses personal information collected in connection with this Promotion, please see its privacy policy, located at http://www.wordstream.com/privacy-policy
12. WINNER LIST: To obtain a list of winner(s), mail a U.S. sufficiently self-addressed, stamped envelope to be received on or by five (5) business days after the end of the Promotion Period to: WordStream, Inc. c/o Marketing Department, “Grade and Get Paid” Sweepstakes, Winner’s List Request, 177 Huntington Avenue, Floor 13, Boston, MA 02115. Limit one (1) request per person/entity.
13. SPONSOR: WordStream, Inc., 177 Huntington Avenue, Floor 13, Boston, MA 02115.
WordStream “Grade & Get Paid” Sweepstakes OFFICIAL RULES
