Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
- Eligibility. The contest sponsored by Organic Communications (the “Sponsor), “Organic Ideas That Matter Giveaway (the “Giveaway”), is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States, the District of Columbia, or Canada, who are at least eighteen (18) years of age or older at the time of entry. Void where prohibited by law.
- How to Enter. The Giveaway begins on or about 1:00 a.m. Eastern Time on September 20, 2020 and ends at midnight Eastern Time on December 31, 2020, subject to shortening or extension by the Sponsor in its sole and absolute discretion (the “Entry Period”). There is one (1) method of entry for this Giveaway, as follows:
Online Entry. To enter the Giveaway, during the Entry Period, potential entrants must enter by visiting https://www.ideas-that-matter.com (the “Website”). Individuals must follow all on-screen instructions to fill out and submit the entry form provided. Each entrant will be asked to submit an official entry form through the Website, which may include, among other things, his/her full name, address (no P.O. Boxes), e-mail address, date of birth and related registration information as prompted. Entrant must complete and submit the entry form with all required information for the entry to be eligible.
Limit of one (1) entry per person during the Entry Period will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified, including disqualification of the entrant’s original entry. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Giveaway, at Sponsor’s sole and absolute discretion. Entries originating at any other website are not permitted and may be disqualified.
Intellectual Property
All ideas and materials submitted will remain the intellectual property of the individual that submitted it. They will not become the intellectual property of Sponsor except for the limited use license described herein. They will be reviewed and evaluated for the purpose of this Giveaway only. Idea concepts and submitted materials may be shared on the Sponsors website for promotional purposes and by entering the Giveaway, the entrant grants Sponsor a limited, nonexclusive royalty-free license to do so. Other than for this purpose, the Sponsor will not use, sell or duplicate any of the ideas submitted without the expressed, written consent and permission of the entrant. The entrant, by submitting an entry in the Giveaway, represents and warrants that all ideas, concepts and materials so submitted are its own intellectual property and that there are no restrictions on the entrant’s ability to submit such materials in accordance with these Official Rules.
For purposes of this Giveaway, an online entry is “received” when the Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message or delivery confirmation) does not constitute proof of actual receipt of an entry for purposes of this Giveaway. The Website’s database clock will be the official timekeeper for this Giveaway. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Sponsor may run multiple campaigns, contests, Giveaways or other promotions simultaneously. Entry into one (1) campaign, contest or Giveaway does not constitute entry into any other. By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
- Winner Selection and Prize Claiming. There will be one (1) winner selected in this Giveaway. The potential winner will be selected by the Sponsor on or about December 31, 2020, from all eligible entries received in accordance with these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Giveaway, and of selection of the winner. Decisions of the Sponsor as to the selection of the winner will be final. The potential winner will be notified using the information provided during entry by e-mail, or telephone (the method selected in Sponsor’s sole discretion) in a commercially reasonable time after the selection of the winner, as determined in Sponsor’s sole discretion. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an e-mail, placing a phone call, one (1) day after sending via a delivery service or two (2) days after mailing. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.
If the potential prize winner declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
- Odds. Odds of winning will depend upon the total number of eligible entries received.
- Prize(s) and Values. The scale and scope of the prize(s) to be awarded in this Giveaway are at the complete discretion of the sponsor and will be determined based on the specific communications needs of the selected winner and their idea. The prize however will include all of the following elements, as is appropriate: (1) the creation of a 6 page maximum responsive web site or the creation of a new section for an existing website, up to 6 pages; (2) the creation of a new custom logo, if one is needed, (3) the creation of graphics for branded social media channels on Facebook Twitter, and Instagram (4) the creation 3 branded static memes and 3 animated gifs sized for sharing on social media (5) The creation of a 10 page maximum branded pitch presentation in PowerPoint (6) Three Public Relations strategy sessions; the first one will be 1 hour and two 30 minute follow up session (7) Three months of website maintenance including up to 5 technical hours of support each month. Prize(s) are non-transferable, with no cash redemptions, equivalents or substitutions may be made except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with their prize(s), the Sponsor may elect, to provide the winner with an alternate prize of comparable or greater value. In the event a prize winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the relationship or other applicable experience early. Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other out of pocket fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used, such as hosting costs and domain registration costs. Prize(s), if legitimately claimed, will be awarded. Sponsor is not responsible for ongoing support or maintenance of any of the prize elements once the final deliverables have been delivered and launched. If the price winner should choose to extend the relationship with the Sponsor beyond the scope of the awarded prize, the terms and conditions of any additional work by Sponsor will be subject to Sponsor and the winner agreeing on such terms and conditions.
Sponsor will be awarding one (1) “Prize”. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the prize to any other individual or organization unless Sponsor consents in writing.
- Publicity Release. Subject to applicable law, the winner grants the Sponsor the right and permission to use their name for advertising, promotional and/or publicity purposes in connection with the Giveaway, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the winner.
- Tampering with Giveaway. The Sponsor is not responsible for the actions of entrants in connection with the Giveaway, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Giveaway. Persons found tampering with or abusing any aspect of this Giveaway, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Giveaway, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Giveaway. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
- Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Giveaway by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Giveaway by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Giveaway or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Giveaway or these Official Rules should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Giveaway; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Giveaway; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
- Waivers, Disclaimers and Releases. By participating in the Giveaway, entrants agree to release, discharge and hold harmless the Sponsor from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Giveaway and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Giveaway; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Giveaway activity and/or prize).
- Entry Information and Giveaway Communications. As a condition of entering the Giveaway, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Giveaway only and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to, or otherwise as necessary to administer this Giveaway . In the event of a dispute over the identity of an online entrant, entry may be deemed submitted by the registered account holder of the e-mail address associated with the entry for the domain associated with the submitted address provided that such person is eligible to enter the Giveaway. Winner may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible. The Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.
- Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsor in connection with the Giveaway will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE GIVEAWAY, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00); AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- Dispute Resolution and No Class Relief. Any and all disputes, claims and causes of action arising out of or connected with the Giveaway, or any prize awarded, will be resolved individually, without resort to any form of class action.
- Sponsor. This Giveaway is sponsored by Organic Communications and all references to the Sponsor shall include the officers, directors, employees and owners of Organic Communications. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Giveaway.
ANY AND ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION. BY ENTERING OR OTHERWISE PARTICIPATING IN THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.