WordStream’s “$25,000 Marketing Makeover—Grade and Get Paid” Contest

 OFFICIAL RULES

OFFERED IN THE 50 UNITED STATES (INCLUDING D.C.) AND CANADA (EXCLUDING QUEBEC). VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.

1. ELIGIBILITY: The WordStream “$25,000 Marketing Makeover—Grade and Get Paid” Contest is a trade promotion (“Promotion”) open only to small to medium businesses (each an “SMB”) in the U.S. and Canada (excluding Quebec) that have an active Google AdWords account (“AdWords account”) in good standing with a monthly spend of no more than US$50,000/CD$50,000 , and SMB entrant must be the entity that owns and is directly billed by/for the Google AdWords account that is the subject of the entry (eligible “entrant”). 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. Individuals 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. 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 and/or those living in the same household (whether or not related) as any of the foregoing entities are ineligible.

IMPORTANT NOTICE:  Individuals 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/ENTRY PERIOD: Starts on or about 12:00 am Eastern Time (“ET”) on October 8, 2013 and ends 11:59 pm ET on January 15, 2014 (“Promotion Period”). Qualifying entries (as defined herein) must be received between 12:00 am ET on October 8, 2013 and 11:59 pm ET on December 15, 2013 (“Entry Period”). You may only request a WordStream AdWords Grader report (as defined below) on the site during the Entry Period. All time referenced herein is Eastern Time. Sponsor’s server shall be the official time-keeping device for the Promotion.

3. HOW TO ENTER/GRADES, REPORTS, AND SCORES: During the Entry Period, visit http://www.wordstream.com/gradeandgetpaid (the “site”), complete all required information including securely connecting via Google to entrant’s active Google AdWords account in order to run the request for an initial free WordStream AdWords Performance Grader report applicable to that SMB entrant’s AdWords account, and respond to the question “what you learned about your PPC Account” (“entry”). Inactive, non-existent, incomplete, or otherwise ineligible accounts and/or links, incomplete or insincere responses, or accounts on which the Grader fails to run or initiate a report, will be invalid. Limit one (1) entry per entrant, per unique AdWords account. An eligible entrant may enter more than once provided each entry relates to a unique and different AdWords account as identified by the Google AdWords account id. In the event more than one entry is received for any entrant for the same AdWords account, only the first entry will be considered and all subsequent entries will be disqualified. Upon entry receipt, the AdWords Performance 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 entrant will receive an initial report from this evaluation (“Initial Report”) which will contain an overall AdWords account performance grade (“Initial Grade”), areas for improvement, and tips/recommendations to improve their Initial Grade. During the Promotion Period, thirty (30) days after the Initial Report is provided by Sponsor (but no later than January 15, 2014) (“Improvement Period”), a second evaluation will be automatically generated for the same AdWords account and a final Report (“Final Report”) and final Grade (“Final Grade”) will be assessed and emailed to entrants. In order to receive the Final Report, entrant must not opt-out from receiving communications from Sponsor during the Promotion Period. During the Improvement Period, Sponsor encourages entrants to analyze the Initial Report and Initial Grade, and use their skill and efforts to implement the tips and recommendations provided in order to improve their Grade.

At the end of the Promotion Period, the entrant with the greatest percentage improvement in the combined categories of Search Click-Through Rate and Impression Weighted Average Quality Score between the Initial Grade and Final Grade made during the Improvement Period (“judging criteria”) will be selected as the potential eligible Grand Prize winner, subject to Sponsor’s verification of their eligibility, participation/account data, and compliance with these Official Rules. For example, if the Search Click Through Rate is 1.25% in the Initial Grade and the Impression Weighted Average Quality Score is 3.2 in the Initial Grade, and the Search Click Through Rate is 1.89% in the Final Grade and the Impression Weighted Average Quality Score is 4.5 in the Final Grade, then the percentage improvement of Search Click Through Rate is 51.20% and the percentage improvement of the Impression Weighted Average Quality Score is 40.63% and the final improvement is the average of these two figures, or 45.91%.  In the event of a tie, the tie will be broken (among those tied) by determining the greatest percentage increase in Impression Weighted Average Quality Score. In the event a tie still exists, the tie will be broken (among remaining tied entrants) by determining the greatest percentage increase in the Average Position within the Search Network from the Initial Report and Final Report.

In addition to the Grand Prize, assuming sufficient eligible entries are received, Sponsor will award nine (9) First prizes in accordance with these Official Rules. Periodically throughout the Promotion Period, three (3) First prizes will be awarded to three, different individuals who are active participants in social media outreach and who engage with/about the WordStream brand on Facebook, Twitter and/or Google+ and who Sponsor considers is “showing the greatest brand spirit.”

The remaining six (6) First prizes will be awarded, assuming sufficient eligible entries are received, based on scores as reported in their AdWords Performance Grader Initial Report generated as part of their participation in the Contest. One (1) prize will be awarded for the score achieved using the below-criteria, during the weekly time-frame specified (a week is defined as beginning at 12:00 am ET on Monday and ending at 11:59 pm ET on the following Sunday): week (#1), the qualified entrant with the highest Account Activity score; week (#2), the qualified entrant with the highest Quality Score score; week (#3), the qualified entrant with the highest Text Ad Optimization score; week (#4), the qualified entrant with the lowest wasted spend score; week (#5), the qualified entrant with the highest PPC Best Practices score; week (#6), the qualified entrant with the highest Click Through Rate score. In the event of a tie, tie will be broken (amongst those tied) by determining who was first in time to obtain the stated score.

Prize awards are subject to compliance with these Official Rules and verification of entrant, eligibility, AdWords account, supporting activities, and any other information required by Sponsor in order to verify the potential winner, prior to prize award. Any perceived attempt by any entrant or individual, directly or indirectly, to obtain unauthentic or fraudulent AdWords account activity, Grades, use of multiple accounts, identities, automated programs, logins, cheating or fraudulent methods, or any other unauthorized methods will void entrant’s entry into the Promotion, and entrant will be disqualified. All entries and related information will not be acknowledged or returned.

Proof of entry, registration, and/or AdWords account (and related activity) is not proof of receipt 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, or illegible entries, and/or any other information or data in connection with the Promotion.

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.

4. PRIZE WINNER SELECTION: On or within approximately two (2) weeks after the conclusion of the Promotion Period, the determination of the winning entrant will be done by Sponsor (or its authorized representative) in accordance with the judging criteria above at its offices in Boston, MA. Prizes will be awarded only assuming sufficient eligible entries are received. An authorized representative from the potential First prize and Grand prize winning SMBs will be contacted via telephone or email address (in Sponsor’s discretion) 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. 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 as the alternate potential prize winner (for the applicable prize level) the entrant with the next highest score in accordance with the judging criteria as provided herein. By entering, all entrants and prize winners 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.

The final determination of winners 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.

5. PRIZES: Grand Prize (1): a $25,000 Marketing Makeover. Approximate Retail Value (“ARV”): US$25,000/CD$25,750. Marketing Makeover package consists of:  US$25,000/CD$25,750 in Google AdWords spend reimbursed by Sponsor (up to US$2,083/CD$2,146 per month for twelve (12) months from February 1, 2014 – January 31, 2015); 1 year free subscription to WordStream’s PPC Advisor (from February 1, 2014 – January 31, 2015)(ARV varies between US$2,000 up to US$4,500); and 1 year free subscription to Constant Contact’s email marketing, event marketing, social campaigns and survey products (from February 1, 2014-January 31, 2015) (ARV varies between approximately US$540 up to US$3,120) provided by a vendor selected by Sponsor in its absolute discretion and subject to such vendor’s online terms and conditions. IMPORTANT NOTICE: Potential Grand prize winner must have an active AdWords account in good standing and be directly billed as the owner of said account at time of prize award or else prize will be forfeited in its entirety. Winner must connect their active AdWords account (winning account) through Sponsor’s PPC Advisor software in order to accurately determine monthly Google AdWords spend for purposes of the Grand prize award. Reimbursements will be issued thirty (30) days after applicable month’s end. Any overage (over US$2,083 per month) in spend will be at winner’s sole cost and expense and will not be reimbursed; any unclaimed, un-awarded, forfeited, or unused spend or any other element of the Grand prize will be forfeited and will not be awarded as cash, or otherwise. The grand prize winner’s WordStream PPC Advisor account profile must be arranged with Sponsor and must be active on or before February 1, 2014, or else will be forfeited in its entirety. Total Approximate Retail Value (ARV) of Grand Prize varies between: US$27,540/CD$28,382 and US $32,620/CD $33,618.



First Prizes (9): A Nexus® 7 (32G) Tablet (ARV: $269 each). Data, wireless, connection, and all other charges and fees are not included as part of the tablet prize and are each winners’ sole cost and responsibility. Total ARV of all First prizes: US$2,691/CDA$2,772.

All costs, fees, other expenses, and any upgrades, overages, and extras are the winners’ sole responsibility. All features, elements and modifications included in the makeover package will be determined by Sponsor in its sole and absolute discretion. All federal, state and local taxes on a prize are winners’ responsibility. Any difference between the actual value and the ARV will not be awarded as cash or otherwise. 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) First prize per SMB. However, a First prize winning SMB may still be eligible for the Grand Prize. In no event will Promotion Entities be responsible to award more than the stated number of prizes. Subject to verification and compliance, First prizes will be shipped on or about 4 – 6 weeks from the end of the Promotion Period. Winner must claim prize within 3 business days of notification of winning from Sponsor. After 3 business days, Sponsor is warranted to select the next qualifying winner.

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. Potential Grand prize winner will be subject to verification by Sponsor or its authorized representative, whose decisions are final and binding. 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.

An authorized representative (acceptable to Sponsor) of Grand Prize winner will be required to sign and return a Declaration of Eligibility and Liability/Publicity Release (where legally permitted), within the time specified by Sponsor, or else prize will be forfeited in its entirety; and may be required to sign and return additional documents in order to receive the prize. Failure to comply with these requirements/deadlines may result in forfeiture of the prize. Acceptance of a prize constitutes permission for Sponsor and its authorized representatives to use winner’s business name, information, 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 the Reports or Grades, 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) as it 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 winners (for the applicable prize level) 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 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.

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. Participants and winner covenant not to sue any Released Party or cause them to be sued regarding any matter released herein; and further covenant not to disaffirm, limit or rescind any release. 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.

9. NETWORK/FORCE MAJEURE: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to the site, or alterations of 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, or limitations of any kind, or inaccurate transmissions of or failure to receive 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. SPONSOR: WordStream, 177 Huntington Avenue, Boston, MA 02115.