The Wait is Over! Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
EACH PRIZE RECIPIENT WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN FIVE (5) DAYS ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).
BY ENTERING THIS CONTEST, 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, A LIMITATION OF YOUR RIGHTS AND REMEDIES, BINDING ARBITRATION OF CLAIMS, WAIVER OF CLASS-ACTION CLAIMS, AND WAIVER OF THE RIGHT TO TRIAL BY JURY.
OVERVIEW: The Wait is Over! Contest (“Contest”) is sponsored by Drift.com, Inc. (“Sponsor”). The Contest begins on November 2, 2020 at approximately 8:00am EST when Sponsor posts a post to Twitter, LinkedIn and/or Instagram (“Social Platform”) inviting entrants to enter and describing entry requirements (“Invitation Post”), as well as when you receive an email from Sponsor, inviting you to enter and describing entry requirements (“Invitation Email”), and ends on November 13, 2020 at midnight, EST (“Contest Period”).
If you satisfy the eligibility requirements (described below), you may enter the Contest by 1) visiting the Drift website to engage with the bot as further described below. Following the close of the Contest Period, eight (8) entrants will be randomly selected as the potential winner(s) of this Contest through the process described below.
ELIGIBILITY: To be eligible, entrant must be a legal resident of any one (1) of the fifty United States or the District of Columbia (“Territory”), at least eighteen (18) years old and the age of majority in their primary jurisdiction of residence as of the date of entry. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Contest, as well as each of their respective parent corporations, subsidiaries and affiliated companies (collectively, the “Released Parties”) and members of the immediate families (defined for these purposes as including any spouse, partner, parent, legal guardian, child, legal ward, sibling, grandparent, or grandchild and each of their respective spouses) and individuals living in the same household as such persons (whether or not related) are not eligible. This Contest is void outside of the Territory and where prohibited by law.
HOW TO ENTER: If you meet the eligibility requirements, you can enter the Contest by, during the Contest Period:
- Visit the drift.com website to get the contest instructions and agree to participate.
- If you choose to participate, you will provide and verify your email address (so we can get in touch with you if you win). You might not be asked to verify if we already have your email address.
- You will then be instructed to find hidden three (3) bots on the various pages of the Drift website.
- Each time you find a hidden bot, you will click on the bot and it will ask you multiple choice questions. Once you have successfully found all three (3) bots and correctly answered the questions, you will be entered into the drawing to win!
Limit one (1) entry per person, during the Contest Period. Subsequent attempts made by the same individual to submit multiple entries in violation of this condition by any methods or means are void and persons engaging in such conduct may, in Sponsor’s sole discretion, be disqualified. Entries must be submitted and received by Sponsor during the Contest Period through the drift bot and in strict accordance with the instructions and restrictions in these Official Rules. Those who do not follow all of the instructions, provide the required content in their entry, or abide by these Official Rules will be disqualified and any associated entry void. Purported entries that are incomplete, lost, late, misdirected, illegitimate, forged, altered, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. The use of any device or process to automate the entry process is prohibited. Entries will not be acknowledged. As a condition of entering the Contest and, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver her/his name, address, and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules.
WINNER SELECTION/NOTIFICATION: eight (8) potential winner(s) will be randomly selected by Sponsor from among all eligible Entries received during the Contest Period . Limit one (1) prize per entrant in this Contest.
Winners will be selected within approximately ten (10) business days of the close of the Contest Period. Within approximately one (1) business day of such selection, Sponsor will attempt to contact each potential winner using the email address provided with the Entry. Each potential winner will be required to respond to Sponsor as instructed within five (5) days of Sponsor’s attempt to contact the potential winner. Entrants are encouraged to monitor their email accounts for correspondence from Sponsor. If any prize, prize notification, or Contest-related communication is rejected, faulty, or returned as undeliverable or if the potential winner does not respond according to the notification’s or Sponsor’s instructions or otherwise fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting). Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, each potential winner must follow the directions in his or her notification. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential winner, if any.
Each potential prize winner may, in Sponsor’s sole discretion, be required to complete, sign, have notarized (if applicable) and return an Affidavit or Declaration of Eligibility and Liability/Publicity Release (unless prohibited by law) and tax documents, if applicable (collectively, “Prize Winner Documents”) within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Prize Winner Documents, if applicable, must be received by Sponsor within five (5) days of Sponsor sending the documents to the potential winner or other time frame as stated in the Prize Winner Documents, or prize may be forfeited and an alternate winner may be selected.
The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason, in which case that prize may go unawarded.
PRIZE & APPROXIMATE RETAIL VALUE (“ARV”):
One (1) winner will each receive $5,000 to improve their home office set up. The $5,000 will be delivered in giftcards to up to two (2) vendors of their choice.
Two (2) winners will receive up to $1,000 toward a virtual sales or marketing team event. The $1,000 will be delivered directly to the winner(s) as a e-check.
Five (5) winners will receive a one year membership to the Drift Book Club (1 book per month for twelve months, approximate retail value, $250).
All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. All taxes (federal, state, and local), as well as any expenses associated with prize acceptance and use and not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the prize recipient. Mailed prize elements will only be mailed to a confirmed winner’s address in the Territory, unless otherwise agreed to by Sponsor. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize or prize component, or any prize/prize component that is undeliverable or does not reach a winner because of incorrect or changed contact information. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of a prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. By accepting any prize in the Sweepstakes, winner represents and warrants that their employer does not have a corporate policy that prohibits receipt of free items such as the prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded. Recipients waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EACH ENTRANT AND ANY PRIZE RECIPIENT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY PRIZE- OR CONTEST-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO/OF PERSON OR PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE RELEASED PARTIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PRIZE RECIPIENT AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE
EACH ENTRANT AND ANY PRIZE RECIPIENT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, Social Platform direct message, mail, or Contest-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Contest-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. The Released Parties are not responsible for electronic communications that are undeliverable or otherwise not received or noticed by any entrant as a result of any form of active or passive filtering of any kind (including, without limitation, Social Platform direct messages that require entrant to actively accept the message in order to access it), or insufficient space in entrant’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and may disqualify you, if your email address, Social Platform handle, or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply a prize or any part thereof in the event that any of the Contest activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
By entering the Contest (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional publicity or any other purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), worldwide, without any limitation of time, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and entrant waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules, determination of the winners, and awarding of the prizes. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Contest. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from participating in the Contest. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of this Contest. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Contest structure or these Official Rules. If Sponsor determines, at any time and in its sole discretion, that a winner, potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner, potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the prizes from eligible, non-suspect entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a participant, the participant will be declared to be the registered account holder of the email address associated with the Social Platform account used at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may, in Sponsor’s sole discretion, be disqualified and any potential prize won forfeited. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW/DISPUTES/ARBITRATION: YOU AGREE THAT THESE OFFICIAL RULES AND YOUR PARTICIPATION IN THE CONTEST ARE GOVERNED BY THE LAWS OF THE STATE OF MASSACHUSETTS, USA. BOTH YOU AND SPONSOR WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE SPONSOR SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN OR HAVING JURISDICTION OVER SUFFOLK COUNTY, MASSACHUSETTS, AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS PROMOTION WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES & PROCEDURES OF JAMS INC. (“JAMS”) OR ANY SUCCESSOR TO JAMS. IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A “DEMAND FOR ARBITRATION,” THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN BOSTON, MA, CHICAGO, IL, NEW YORK CITY, NY OR LOS ANGELES, CA, (WHICHEVER IS CLOSEST TO YOUR RESIDENCE) OR IN YOUR HOMETOWN IF REQUIRED BY APPLICABLE JAMS RULES. THE FEDERAL OR STATE LAW THAT APPLIES TO THESE OFFICIAL RULES WILL ALSO APPLY DURING THE ARBITRATION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN BOSTON, MA. SPONSOR AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR’S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF ENTRANT TO ATTEND THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE CONTEST (PROVIDED THAT NOTHING HEREIN WILL RESTRAIN A CALIFORNIA RESIDENT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW).
Further, in any such dispute, under no circumstances will you be permitted or entitled to obtain awards for, and hereby waive all rights to claim, incidental or consequential damages. The prior limitation on damages is not intended to limit the Released Parties’ obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law.
WINNERS’ LIST/OFFICIAL RULES: A copy of these Official Rules is available online during the Contest Period by visiting https://www.drift.com/sweepstakes-rules/. For information about who won, send an email to email@example.com with the subject line “The Wait is Over Contest Winners” Requests for winner information must be received no later than three (3) months after the end of the Contest Period.
SPONSOR: Drift.com, Inc., 222 Berkeley Street, 7th Floor, Boston, MA 02116.
Abbreviated Rules Template for Contest
(These abbreviated rules must be included in al posts that advertise or otherwise reference the contest)
NO PURCHASE NECESSARY. Begins 8:00AM EST on November 2, 2020. Ends 11:59PM EST on November 13, 2020. Open only to legal residents of 1 of the 50 US/DC, who are 18+ and the age of majority in their jurisdiction of residence. To enter: 8 Winners will be [description of prizes] Total ARV of prizes: $8,250. SUBJECT TO OFFICIAL RULES AVAILABLE AT https://www.drift.com/sweepstakes-rules/. . Void where prohibited. Sponsor: Drift.com, Inc., 222 Berkeley Street, 7th Floor, Boston, MA 02116.