2018 CSAT SURVEY GIVEAWAY OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.
1. General Conditions. The 2018 CSAT Survey Giveaway (the “Giveaway”) is sponsored and administered by Tax Guard, Inc. (“Sponsor and “Tax Guard”) whose address is set forth below. The Giveaway is governed by these Official Rules (these “Rules”) and the laws of the State of Colorado and applicable United States federal law, without regard to any conflicts of laws principles. The Giveaway is void where prohibited or restricted by law. By entering the Giveaway, entering individuals (each an “Entrant”) agree to abide by the terms of these Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to the Giveaway. No purchase is necessary to enter or win the Giveaway and participation is free.
2. Who Can Enter. The Giveaway is open to Tax Guard customers who receive the survey via email and are eighteen (18) years of age or older at the time of entry. Officers, directors, and employees of Sponsor, or their respective parents, subsidiaries, affiliates, divisions, subcontractors or agents (including without limitation advertising and promotion agencies), as well as their immediate families and household members, are NOT eligible to participate in the Giveaway or win a prize.
3. How to Enter. Potential Entrants may enter the Giveaway by completing and submitting the applicable online 2018 CSAT Survey (the “Survey”) accessible by e-mail invitation.
4. Entry Deadline. Potential Entrants may enter the Giveaway beginning on 8:00 A.M. MT December 11, 2018. Online entries must be submitted and received by Sponsor on or before 5:00 P.M. MT December 28, 2018. Only one (1) entry per individual may be submitted. Late, incomplete, computer-generated script, or other automated entries are not eligible and are void. Sponsor is not responsible for network, modem, or other equipment failures, postal service failures, or for incomplete, garbled, or delayed entries, however caused.
5. Prize. Five (5) winner will receive ONE AMAZON $100 GIFT CARD (the “Prize”). The Prize is not exchangeable, transferable, or redeemable for cash. Sponsor reserves the right to substitute for the Prize one or more items of equal or greater value. The winner is solely responsible for the reporting and payment of any federal, state, provincial, local, VAT, and other taxes, fees, customs, duties, insurance, or other amounts owed on the Prize or any other liabilities incurred in connection with the Giveaway (other than standard fees associated with mailing the Prize to the winner’s address, for which Sponsor will be responsible). For purposes of compliance with tax regulations, the winner must provide his or her Social Security number or taxpayer identification number to claim the Prize. Only the winner will need to provide this information. Tax Guard and winner agree to make and file all necessary and usual reports to the Internal Revenue Service and state taxing authorities normally applicable to the types and amounts of payments and other consideration being received as a result of the Giveaway and winning the Prize.
6. Prize Drawing; Odds of Winning. On or around December 28, 2018, a representative of Sponsor will randomly select a winner from the pool of eligible entries received. The odds of winning is unknown as it depends on the number of eligible entries received. That information can be available after the above date when the number of entries will be known.
7. Winner Notification and Prize Claim. The winner will be notified via e-mail sent to the address specified in the winner’s entry on or around January 4, 2019. The winner will be required to respond to the e-mail to acknowledge winner’s desire to receive the Prize, and winner may be required to (a) provide his or her full mailing address for the purpose of receiving the Prize, which address must be within the United States (excluding Puerto Rico), (b) verify his or her social security number or taxpayer identification number, (c) sign and return a release of liability, declaration of eligibility, and where lawful, a publicity release, upon Sponsor’s request, and (d) take possession of the Prize in the manner specified by Sponsor. If (i) Sponsor does not receive the winner’s complete response within the time specified in the Prize notification, (ii) the Prize notification is returned as undeliverable, (iii) the winner fails to sign and return any required documents according to Sponsor’s instructions, (iv) the winner otherwise fails to claim or take possession of the Prize properly, (v) the winner is determined to be ineligible, then the Prize will be awarded to a replacement winner drawn at random from the pool of remaining eligible entries. The replacement winner will need to satisfy all of the requirements of these Rules. This process will be repeated until the Prize is awarded. It is the sole responsibility of each Entrant to notify Sponsor of any change in e-mail address. In the event of a dispute regarding who submitted a winning entry, the entry will be deemed submitted by the Authorized Account Holder of the e-mail account specified in the entry and governed by these Rules. “Authorized Account Holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the e-mail address. The winner may be requested to provide Sponsor with proof that he/she is the Authorized Account Holder of the e-mail address associated with the winning entry.
8. Disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any Entrant that Sponsor determines (a) has tampered with the entry process or the operation of the Giveaway or the Sponsor Site, (b) has acted in an unsportsmanlike or disruptive manner, or with intent to annoy or harass Sponsor, other Entrants, or any other person or entity, (c) has not satisfied all of the requirements for entry in the Giveaway, or (d) to be otherwise ineligible under, or otherwise in violation of, these Rules or the Policies. Any attempt by an Entrant to commit any of the acts of misconduct set forth in this section may be a violation of civil and criminal law and Sponsor reserves the right to seek damages from such Entrant to the fullest extent permitted by law.
9. Termination. Sponsor reserves the right, in its sole discretion, to suspend, modify, or terminate the Giveaway at any time for any reason, including but not limited to as a result of fraud, financial or administrative difficulties, a technical problem (such as a computer virus/bug), or unauthorized intervention that corrupts the administration, security, fairness, integrity, or proper functioning of the Giveaway. Should the Giveaway ever be terminated prior to awarding of the Prize, the Sponsor will, in its sole discretion, announce an alternate means for awarding the Prize in accordance with these rules without notice to Entrants. In the event this Giveaway is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify this Giveaway, or to disqualify participants residing in affected geographic areas. In such event, Sponsor shall not have any liability to an Entrant who are disqualified as a result of such action.
10. Representations. By entering the Giveaway, each Entrant represents and warrants to Sponsor that: (a) the Entrant meets all eligibility requirements of the Giveaway (including, without limitation, that Entrant is at least eighteen (18) years of age); (b) in entering the Giveaway, the Entrant will comply in all respects with these Rules, the Policies, and all applicable statutes, orders, regulations, and other laws; and (c) the information provided in the Entrant’s entry, including without limitation the e-mail address and all other contact information, is true, accurate, and complete in all respects.
11. Limits of Liability; Release. By entering the Giveaway, each Entrant agrees that Sponsor, any manufacturer or supplier of any Prize, and any other persons or entities involved in the administration of the Giveaway, will not in any event have any responsibility whatsoever for losses or damages of any kind that result from entry or participation in the Giveaway or the acceptance, possession, or use of any Prize. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BY ENTERING THE GIVEAWAY, EACH ENTRANT RELEASES AND HOLDS HARMLESS SPONSOR, ANY PRIZE MANUFACTURERS AND SUPPLIERS, ANY OTHER ENTITIES INVOLVED IN THE ADMINISTRATION OF THE CONTEST, EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, AND DIVISIONS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LOSSES, DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY OR OTHER DAMAGES), COSTS, AND LIABILITIES OF ANY KIND AND SPONSOR SHALL NOT BE UNDER ANY CIRCUMSTANCES BE LIABLE TO ANY ENTRANT FOR ANY LOSS, DAMAGE, INJURY, CLAIM, CAUSE OF ACTION OR LIABILITY ARISING OUT OF OR IN CONNECTION WITH: (A) THE GIVEAWAY; (B) ANY VIOLATION BY ANY ENTRANT OF THESE RULES, THE POLICIES, OR APPLICABLE LAWS; (C) THE ACCEPTANCE, POSSESSION, RECEIPT, OPERATION OR USE OF ANY PRIZE; (D) ANY INCORRECT, INCOMPLETE, OR INACCURATE INFORMATION, LOST COMMUNICATION FOR ANY REASON INCLUDING MAIL OR INTERNET CONNECTION CAUSED BY ANY TECHNICAL, HUMAN, OR OTHER ERRORS THAT MAY OCCUR IN THE OPERATION IN ALL WAYS OF THE GIVEAWAY, INCLUDING WITHOUT LIMITATION ANY PRINTING OR TYPOGRAPHICAL ERRORS IN ANY GIVEAWAY MATERIALS; (E) ANY TECHNICAL MALFUNCTIONS (ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, OR DELAYS IN OPERATION OR TRANSMISSION) OR UNAVAILABILITY OF ANY COMPUTER, ON-LINE SYSTEM, NETWORK, TELEPHONE, MODEM, FACSIMILE MACHINE, SERVER, OR OTHER COMMUNICATIONS EQUIPMENT OR PROVIDER, INCLUDING BUT NOT LIMITED TO ANY EMAIL TRANSMISSION FAILURE (PROOF OF TRANSMISSION DOES NOT CONSTITUTE PROOF OF DELIVERY); (F) ANY STOLEN, MISDIRECTED, INCOMPLETE, ILLEGIBLE, IMPROPERLY TRANSMITTED, LOST, LATE, ILLEGIBLE, NON-CONFORMING, OR DAMAGED ENTRIES, NOTICES, FORMS, OR OTHER CORRESPONDENCE; (G) ANY FAILURE OF ANY POSTAL OR DELIVERY SERVICE; (H) ANY CONDITIONS ARISING FROM EVENTS BEYOND SPONSOR’S REASONABLE CONTROL (I) USE OF ANY SPONSOR WEBSITE AND ANY VIRUSES, CORRUPTIONS, HAZARDS OR HARMFUL COMPONENTS IN ANY WEBSITE OF SPONSOR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER SPONSOR NOR ANY OF THE OTHER AFOREMENTIONED PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE GIVEAWAY, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT, CONTRACT, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. THE PRIZE IS GIVEN AWAY BY SPONSOR “AS-IS.” SPONSOR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING ANY PRIZE, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THIS LIMITATION AND EXCLUSIONS APPLY TO THE FULLEST limitations and exclusions apply to the fullest extent permitted by applicable law. To the maximum extent permitted by law, EACH ENTRANT expressly intendS and agreeS if there is liability and to the extent the foregoing limitation of liability is prohibited or fails of its essential purpose that the maximum amount and the entire aggregate liability of SPONSOR its the agents, employees, officers, shareholders, directors and representatives to ANY ENTRANT and all third parties shall be cumulatively limited to $250 and this liability shall be exclusive.
12. Use of Data. Sponsor reserves the right to use any information related to the Giveaway, including information on Entrants obtained through the registration for the Giveaway, in any manner permitted by these Rules or the Policies. Each Entrant acknowledges and agrees that all entry data become the property of Sponsor and will not be returned. By entering the Giveaway, each Entrant grants to Sponsor the right to use and publish Entrant’s name, state of residence, and any other information in the winning entry both online and in print, in connection with the Giveaway, without additional compensation, except to the extent prohibited by law. By accepting the Prize, the winner acknowledges and agrees to the use by Sponsor, without additional compensation, of his or her name, likeness, photograph, voice, and biographical material for Sponsor’s advertising, marketing, promotion and other purposes, except to the extent prohibited by law.
13. No Endorsement. Nothing contained in these Rules or in any of the Giveaway materials should be construed as an endorsement by Sponsor of any Prize manufacturers or suppliers or any other third party, product, or service.
14. Winner’s List. To obtain a copy of the winner’s list, available after the drawing date, send a written request, along with a stamped, self-addressed envelope, to: Winner’s List – Winner’s List – 2018 CSAT Survey Giveaway, c/o Tax Guard, Inc., 1740 14th Street, Suite 201 Boulder, CO 80302. Attention: Rachel Sexton. Requests must be received by 11:59 P.M. January 4, 2018. Questions regarding the Giveaway may be directed to: rsexton@tax-guard.com, with subject line “2018 CSAT Survey Giveaway.”
15. Intellectual Property. These Rules and all other Giveaway-related materials are protected by Sponsor’s copyrights. Copying or unauthorized use of any copyrighted materials, trademarks or any other intellectual property without the express written consent of the owner is strictly prohibited.
16. Miscellaneous. Any dispute between Sponsor and an Entrant, on the other, arising out of or relating to these Rules, the Giveaway, or the Prize must be brought exclusively in Denver, CO, as set forth below, and Sponsor, and each Entrant irrevocably waive any objection to the venue and jurisdiction or to the convenience of the forum. If any part of these Rules is held to be invalid, illegal, or otherwise unenforceable, such part will be modified by such court to the minimum extent necessary to make it enforceable while preserving to the maximum extent possible the original intent of Sponsor, and the remaining parts of these Rules will remain in full force and effect.
17 PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH MANDATORY ARBITRATION WITH A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ENFORCEABILITY OF THIS AGREEMENT IS GOVERNED BOTH PROCEDURALLY AND SUBSTANTIVELY BY FEDERAL AND COLORADO LAW, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(a) Arbitration Terms. Entrant agrees, except as otherwise set forth herein, that all disputes or claims arising out of or in any way relating to this Agreement or is in any way connected to the interpretation, application or enforcement of this Agreement, the relationship between Sponsor and Entrant or any matter whatsoever between Sponsor (and its employees, officers, directors, shareholders, representatives, heirs, successors, attorneys and other agents) and Entrant based on any legal theory with respect to the Giveaway will be resolved by binding arbitration (a “Dispute”).
(b) Arbitration Procedures. Before commencing arbitration Entrant must first present any Dispute to Sponsor in writing to allow Sponsor the opportunity to resolve the Dispute. If the Dispute is not resolved within 60 days, Entrant may request arbitration by serving a completed Demand for Arbitration (the “Demand”). The Demand shall state plainly and clearly (a) a detailed description of the nature of and the facts underlying the Dispute (b) the legal and/or contractual basis of the Dispute including but not limited to the specific authority from which the Dispute arises; and (c) the specific relief, and/or proposed solution or remedy sought.
The arbitration shall be conducted by the Judicial Arbiter Group in Denver, CO (“JAG”) in accordance with its Commercial Arbitration Rules of the American Arbitration Association (“AAA,” but shall not be conducted by the AAA). There shall be one arbitrator who will be a former judge and will have at least 10 years of legal experience in the resolution of commercial disputes. The arbitrator shall be chosen by written mutual agreement of the parties. If, after 7 days, Entrant and Sponsor are unable to agree upon an arbitrator, JAG will appoint the arbitrator. The arbitrator shall apply the substantive law of the state of Colorado, without giving effect to its conflict of law provisions. All face-to-face proceedings shall take place in Denver in the State of Colorado.
(c) Award. Arbitration is final, non-appealable, and binding. In making any award, the arbitrator shall be restricted by the “Limitation of Liability” provision in this Agreement and shall not have jurisdiction to make an award to any party to the arbitration contrary to the “Limitation of Liability” provision in Article 11 and shall adhere to the time limitation in such article. Entrant expressly agrees that the rulings of the arbitrator, including any award, shall be binding, non-reviewable and non-appealable and it may be entered in any court of competent jurisdiction.
(d) Confidentiality. Any arbitration shall be confidential, and neither Entrant nor Sponsor may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Any Party shall have the right to prevent any actual or threatened breach of this confidentiality provision by temporary, preliminary or permanent injunctive or declaratory relief.
(e) Costs of Arbitration. The party requesting arbitration must pay the applicable JAG fee. Each party shall pay its own expenses of the arbitration, including the expense of its own counsel, witnesses, and presentation of evidence at the arbitration. If any party files a judicial or administrative action asserting a claim or Dispute that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorneys’ fees.
(f) Waiver of Jury and Class Action and Other Representative Proceeding. THE PARTIES EXPRESSLY AGREE THAT THERE SHALL BE NO JURY OR COURT TRIAL OR RIGHT TO A JURY OR COURT TRIAL, OR RIGHT TO ANY OTHER PROCEEDING TO RESOLVE ANY DISPUTE IN ANY COURT. THE PARTIES ALSO EXPRESSLY AGREE THAT ANY DISPUTE IS PERSONAL TO THEM, AND ANY SUCH DISPUTE SHALL ONLY BE RESOLVED BY AN INDIVIDUAL ARBITRATION. BOTH PARTIES AGREE THERE CAN BE NO CLASS ARBITRATION OR ARBITRATION WHERE A PERSON BRINGS A DISPUTE AS A REPRESENTATIVE OF ANY OTHER PERSON OR PERSONS. BOTH PARTIES AGREE THAT A DISPUTE CANNOT UNDER ANY CIRCUMSTANCES BE BROUGHT AS A CLASS OR REPRESENTATIVE ACTION OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER PERSON OR PERSONS.
