CONTEST RULES FOR INFUSIONSOFT S 2016 SMALL BUSINESS ICON CONTEST

Transcription

1 CONTEST RULES FOR INFUSIONSOFT S 2016 SMALL BUSINESS ICON CONTEST These are the official rules ( Rules ) for the Small Business ICON Contest (the Promotion ) being run by Infusion Software, Inc. If you participate in the Promotion, you ( Contestant ) agree to comply with and be bound by these Rules. Sponsor The sponsor of the Promotion is Infusion Software, Inc. ( Infusionsoft ), 1260 S. Spectrum Blvd., Chandler, AZ All questions regarding the Promotion should be directed by to icon@infusionsoft.com. No purchase necessary No purchase or payment is necessary to participate in the Promotion or to win. Jurisdictions The Promotion is void where any aspect of the Promotion is prohibited by law or where registration, bonding or translation is required. Objective Infusionsoft wants to recognize its proficient and capable Infusionsoft customers to help educate and inspire others on what is possible with the Infusionsoft software. Infusionsoft may share the Contestants entries with the Infusionsoft community by posting them online via our company website and our company blog, as well as including them in the 2016 Small Business ICON playbook. Infusionsoft may use the entries as examples to other Infusionsoft customers or potential customers, included providing the entries (or parts of such entries) to such third parties by or in conversation. Up to a total of three (3) Finalists and six (6) winners will be selected by Infusionsoft. Finalists will be required to attend ICON16. If any Finalist is unable or unwilling to attend that Finalist will be ineligible for the grand prize and another Finalist may be chosen in

2 the originally selected Finalist s place. From the Finalists at ICON16, a Grand Prize winner may be selected, with the other Finalists being awarded Runner-Up Prizes. Notwithstanding the foregoing, if, in Infusionsoft s sole discretion, none or an insufficient number of the entries satisfy the minimum requirements to be a Finalist or winner, no Grand Prize, and/or Runner-Up Prizes may be awarded. Participation/Eligibility Contestant must supply a valid address as part of the registration process and other identification information as requested. The Promotion shall commence on September 15, 2015 and end at 11:59 p.m. Arizona Time, November 30, 2015 (the Promotion Period ). No entries will be accepted after the Promotion Period. Each Entrant must be at least the 18 years of age. Each entry must be in good taste and must comply with the following requirements (Infusionsoft reserves the right to reject any entry that, as determined by Infusionsoft in its sole discretion, fails to comply with such terms or these Rules or appears to be in bad taste): 1. Each Contestant must be an Infusionsoft customer currently in good standing, with no past due balance on its account and cannot have defaulted on any payments to Infusionsoft. An Infusionsoft customer is the party who uses the Infusionsoft software. 2. Each Contestant must have been an Infusionsoft customer prior to the start of the Promotion Period and must remain a current subscription customer in good standing throughout the entire Promotion Period. 3. Each Contestant must agree to these Rules. 4. Each Contestant must complete the Official Entry Form in its entirety (including evidence to substantiate Contestant s claims). Forms submitted without marketing materials as support will not be eligible for judging. Once a Contestant submits its entry, including marketing materials, online, an authorized Infusionsoft employee may remotely access the Contestant s account as part of the entry evaluation process. You acknowledge the possibility of such remote access and hereby authorize Infusionsoft to engage in such remote access without any prior notice to you. 5. If Contestant has a change of address or phone number after submitting the Official Entry Form, Contestant must notify Infusionsoft in writing at icon@infusionsoft.com and provide Contestant s new address and phone number. Infusionsoft will only use the contact information as provided

3 by Contestant under these Contest Rules. If Infusionsoft is unable to reach any Contestant that Infusionsoft originally selected to be a winner, Infusionsoft may disqualify the Contestant. 6. If a Contestant is selected as a Finalist, the Contestant must attend ICON16 on March 2-4, 2016, in Phoenix, Arizona. Finalists will receive up to two complementary tickets to ICON, but are responsible for their own travel, lodging and other expenses. winners are not required to attend ICON16, but if they wish to attend, Infusionsoft will provide each of them with two complimentary ticket to ICON16. winners will be responsible for their own travel, lodging and other expenses. 7. A Contestant s achievements as disclosed in the entry must have been a result of using Infusionsoft. Any growth prior to the time the Contestant started using Infusionsoft is not admissible. 8. Previous grand prize winners and affiliates of past grand prize winners of the Ultimate Marketer and Small Business ICON award are ineligible to win. 9. Each Contestant must agree to allow Infusionsoft full use and reproduction rights to its content on behalf of any persons or businesses appearing or referenced in the content under exclusive license with no compensation or royalties for a one year period starting March 4, Winners may be required to execute a separate written license agreement as a condition to receiving a prize. 10. Infusionsoft employees, anyone who was formerly employed by Infusionsoft within the last three years, and the respective members of their families and households are not eligible. In addition, Infusionsoft Certified Consultants (ICCs) and Infusionsoft Certified Developers (ICDs) are not eligible to win but their customers are welcome to participate. Infusionsoft Referral Partners are welcome to participate, but must disclose their relationship to Infusionsoft in their submission. 11. Payment of cash, discounts or services in exchange for votes is prohibited. 12. Participation or encouragement in entry fraud or voting fraud of any kind, which includes any inorganic method to generate entries either by machine or human, is prohibited. (For instance, Amazon Mechanical Turk, scripts, use of anonymity services, etc.). Offering contributions to a nonprofit or for profit social cause in exchange for votes is prohibited. To enforce these conditions, Infusionsoft may monitor the entries/votes and look for unnatural entry/ voting patterns that appear suspicious and disqualify Contestants if Infusionsoft in good faith suspects that entries/votes are being obtained by prohibited means. Infusionsoft reserves the right, but is

4 not obligated, to review, reject and/or remove entries at any time as it deems appropriate in its sole discretion. Infusionsoft s Small Business ICON selection committee has the final vote in the Promotion if suspicious activity arises. in Class and/or Runner-Up Prizes may be awarded. Entry Submission Submission of a Contestant s completed Official Entry Form constitutes the Contestant s express consent and permission for Infusionsoft to use Contestant s name, photographs, and written responses (in whole or in part) for promotional and advertising purposes to promote Infusionsoft, its business, its products and services, in any media and in any manner whatsoever, without limitation, additional authorization or restriction, and such consent is deemed given by Contestant s entry into the Promotion. Submission of the online Official Entry form shall be deemed Contestant s acceptance of these Contest Rules and Contestant s voluntary transfer to Infusionsoft of all right, title, and interest, including copyright, of Contestant s entry materials, including without limitation all documents, written responses, s, campaigns, landing pages, website examples, application usage examples and business data submitted. All entry materials submitted become property of Infusionsoft and will not be returned. One Entry per Contestant Each Contestant may submit only one Official Entry Form, but a Contestant may enter into more than one of the categories if the Contestant chooses to do so in the Contestant s Official Entry Form. In order to be considered for the grand prize, a Contestant must have entered at least three (3) categories. All entries provided in accordance with these Rules will be eligible to be a Finalist winner. Each entry provided in accordance with these Rules will only be eligible for the winner for the categories selected by the Contestant on the Official Entry Form. Contestant s Representations and Warranties Each Contestant warrants that (1) materials included in any entry are original with the Contestant (or that the Contestant has the right to submit such materials); (2) any person depicted in an entry is able to give, and has given, his/her full consent to participation and to the exploitation of the rights in the entry envisaged hereunder; (3) any multimedia included in the entry is cleared for use as envisaged hereunder, and no further release needs to be obtained by Infusionsoft or any third party in relation

5 to such exploitation; (4) the materials within the entry do not contain information considered by Contestant s place of business or any other third party to be confidential; and (5) the entry and all included materials do not violate or infringe the rights of any third parties or violate any laws or regulations. Winner Selection Timeline Infusionsoft anticipates that winners will be selected and announced as set forth in the table below. But, it is possible that certain winner determination dates may be modified by Infusionsoft in its sole discretion. Should this happen, Infusionsoft will post on the Promotion website information on the new anticipated winner determination dates. The dates of the Promotion Period may be modified by Infusionsoft in its sole discretion SMALL BUSINESS ICON PROMOTION KEY DATES CONTEST LAUNCHES September 15, 2015 ENTRIES MUST BE SUBMITTED NO LATER THAN November 30, 2015 FINALISTS DETERMINED BY INFUSIONSOFT December 23, 2015 BEST IN CLASS WINNERS DETERMINED BY INFUSIONSOFT December 23, 2015 FINALISTS ONSITE AT ICON AUDIENCE VOTE WINNERS ANNOUNCED (3rd day) March 2-4, 2016 Mid-February March 4, 2016 March 4, 2016

6 Determination of Winners The odds of winning the Promotion depend on the number of entries and cannot be determined in advance. At the end of the Promotion Period, a panel of judges made up of Infusionsoft executives, marketing team members and other Infusionsoft employees will select up to three (3) Finalists, who will each be eligible to receive the Grand Prize or a Runner-Up Prize, and up to six (6) winners, who will each receive a Prize. If a Contestant is selected as a Finalist, that Contestant will not be eligible to be a winner. The six categories are as follows: SOCIAL MEDIA MARKETING LEAD GENERATION LEAD NURTURE & CONVERSION ONLINE SALES DIRECT SALES CUSTOMER SATISFACTION

7 Finalists will be selected based on the following criteria: One-fourth of the judging will be based on the effectiveness of the Contestant s campaign and creative use of Infusionsoft; one-fourth will be based on how many Infusionsoft features Contestant is using; one-fourth will be based on Contestant s business results and metrics before and after becoming an Infusionsoft customer; and the remaining one-fourth will be judged on Contestant s story how things have improved professionally and/or personally since using Infusionsoft. As the judging committee reviews each entry, a Contestant may be contacted for additional supporting data and marketing samples, which will be used by the committee in selecting finalists. Winners will be selected based on the following criteria: One-fourth of the judging will be based on the effectiveness of the Contestant s campaign and creative use of Infusionsoft; one-fourth will be based on Contestant s usage of the Infusionsoft features in relation to the Best in Class category; one-fourth will be based on Contestant s business results and metrics before and after becoming an Infusionsoft customer in relation to the category; and the remaining one-fourth will be judged on Contestant s story how things have improved professionally and/or personally since using Infusionsoft. As the judging committee reviews each entry, a Contestant may be contacted for additional supporting data and marketing samples, which will be used by the committee in selecting Winners. Winners and Finalists will be notified by and phone. The Grand Prize Winner and Runner Ups will be announced at ICON16 and shortly thereafter posted on the Infusionsoft blog. For a winners list, send a written request to Infusionsoft at the address set forth above. All decisions by Infusionsoft are final and binding in all matters relating to this Promotion, including awarding of the Grand Prize Winner and Runner Ups as well as interpretation of these Contest Rules.

8 Prizes Prizes may not be exchanged or altered in any way. Prizes are nontransferable, and no substitutes will be offered, except at Infusionsoft s discretion. Winnings may be subject to taxes and/or fees and are the responsibility of the Contestant. GRAND PRIZE Cash Prize - $10,000 to invest in your business One day consultation at Infusionsoft (Infusionsoft will arrange and pay for reasonable travel and accommodations) Premium placement in the customer stories section of Infusionsoft.com Exposure in Infusionsoft s Online Community Featured interview on the Infusionsoft blog 2016 Small Business ICON banner to put on your website and in company materials RUNNERS-UP Each runner-up will receive a $2,500 cash prize. Exposure on the Infusionsoft company blog and a 2016 Small Business ICON finalist badge to use on their website and in company materials.

9 The Finalists will also receive recognition pre and post conference, including being featured in the Infusionsoft newsletter, and blog posts. The Grand Prize Winner will get additional exposure through a press release, blog post, and featured on our customer stories page of the Infusionsoft corporate website. The Grand Prize Winner will also be publicly recognized as the 2016 Small Business ICON of the Year throughout the Infusionsoft community. BEST IN CLASS WINNERS winners will each win $1,000 plus: Exposure on the Infusionsoft company blog Badge to use on their website and in company materials License to Display Contestant, by submitting an Entry Form, hereby grants Sponsor the right to display the Contestant s name and image on Sponsor marketing and promotional materials (including Sponsor booths at trade shows and the Sponsor s web site) both during and following the term of the Promotion. Limit of Liability INFUSIONSOFT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION; OR (V) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. INFUSIONSOFT RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION

10 OR ALTER THE RULES FOR ANY REASONABLE REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION. Release CONTESTANT RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS INFUSIONSOFT AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES (INCLUDING INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) THE ENTRY SUBMITTED BY CONTESTANT; (II) ENTERING AND PARTICIPATING IN THE PROMOTION; AND/OR (III) ACCEPTING OR USING ANY PRIZE. HOWEVER, NOTHING IN THESE RULES SHALL LIMIT INFUSONSOFT S LIABILITY UNDER ANY CATEGORY OF LIABILITY WHICH UNDER THE LAW OF A CONTESTANT S JURISDICTION CANNOT LAWFULLY BE LIMITED. Governing Law The Promotion and the rights and obligations of Infusionsoft and Contestants will be governed by and controlled by the laws of the State of Arizona, United States of America, applicable to contracts made and performed therein regardless of any applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of Arizona, Maricopa County. The parties consent to the jurisdiction of the state courts of Arizona and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Promotion. Other Rules and Regulations Contestants must abide by rules and regulations of all other networks used during this contest. Infusionsoft reserves the right to change the rules as reasonably needed at any time. MAY THE ODDS BE EVER IN YOUR FAVOR Suzanne Collins, The Hunger Games