“The Black Friday Giveaway” Sweepstakes and Contest
Sponsored by AppSumo
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The “The Black Friday Giveaway” Sweepstakes and Contest (the “Promotion”) is sponsored by AppSumo ("Sponsor").
PROMOTION IS SUBJECT TO UNITED STATES LAW AND IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER THE PROMOTION IS LAWFUL IN YOUR JURISDICTION OF RESIDENCE AND THAT YOU MAY LAWFULLY ENTER THE PROMOTION AND RECEIVE A PRIZE (IF DETERMINED TO BE A PRIZE WINNER) UNDER THE LAWS OF YOUR JURISDICTION OF RESIDENCE. IF YOU HAVE ANY DOUBTS AS TO THE LEGALITY OF THE PROMOTION UNDER THE LAWS OF YOUR JURISDICTION, DO NOT ENTER THE PROMOTION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
PROMOTION IS OPEN ONLY TO PERSONS WHO ARE 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY (OR AGE OF MAJORITY IN HIS/HER JURISDICTION OF RESIDENCE), WHICHEVER IS OLDER.
BY ENTERING OR OTHERWISE PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO PLEASE READ THEM CAREFULLY BEFORE ENTERING. THIS CONTRACT REQUIRES YOU TO INDEMNIFY AND TO RELEASE ALL CLAIMS AGAINST THE PROMOTION ENTITIES (AS DEFINED BELOW). BY ENTERING THE PROMOTION, YOU ARE AGREEING TO MANDATORY, BINDING ARBITRATION WITH NO CLASS RELIEF, AND TO A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING ANY DAMAGES THAT YOU MAY RECOVER.
“The Black Friday Giveaway” Sweepstakes and Contest (the “Promotion”) is sponsored by AppSumo (the “Sponsor”) and administered by Marden-Kane Inc. (the “Administrator”). For the purposes of the Promotion, the “Promotion Entities” is composed of the Sponsor and the Administrator, together with their affiliates and related companies, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Promotion, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Promotion and their respective officers, directors, employees, agents, and other representatives.
1. ELIGIBILITY All participants must be at least 18 years of age or older or the age of majority in their jurisdiction of residence, whichever is older, (residents of Alabama or Nebraska must be at least 19 years old; residents of Mississippi must be at least 21 years old), at the time of entry; and possess a valid form of identification. Persons identified as “Blocked Persons” or persons subject to applicable sanctions, prohibitions, including, without limitation, those persons listed on the U.S. Department of Treasury Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List are not eligible to participate in the Promotion. Current AppSumo customers with accounts that are not in good standing (as defined by Sponsor) as of date of entry are not eligible to participate in the Promotion. All applicable federal, state and local laws and regulations apply. Void where prohibited, restricted or where Sponsor would be subject to a tax by law. Excluded from eligibility are officers, directors, employees, agents and representatives of Promotion Entities, each of its respective parent, affiliated or related companies, agencies, suppliers of the materials and services related to this Promotion, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and sales representatives (collectively above, the “Eligibility Criteria”). By submitting an entry, entrant accepts the terms and conditions of these Official Rules.
NOTICE TO ALL INTERNATIONAL ENTRANTS: As stated above, it is your responsibility to comply with the Promotion laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding Promotion that may prevent Sponsor from awarding you your Prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor. By entering this Promotion, you acknowledge the risks, and understand that you may win, but not be able to receive a Prize.
There are two (2) parts to this Promotion, a Sweepstakes and a Contest. Eligible participants must be confirmed as a Winner of the Sweepstakes to be eligible to enter the Contest.
1. SWEEPSTAKES
1a. SWEEPSTAKES PERIOD The Sweepstakes starts on October 28, 2024 at 12:00:00 p.m. Central Time (“CT”) and ends on December 9, 2024 at 11:59:59 p.m. CT (the “Sweepstakes Period”).
1b. HOW TO ENTER THE SWEEPSTAKES. NO PURCHASE NECESSARY. During the Sweepstakes Period (as stated above) eligible Entrants will complete the following steps to earn entries. By submitting an email address entrant accepts the terms and conditions of these Official Rules.
How to earn Sweepstakes entries, without making a purchase of any kind:
Maximum of twenty-nine (29) Sweepstakes entries per entrant/email address.
Information collected is used only in accordance with Sponsor’s privacy policy https://AppSumo.com/privacy/. By submitting an Entry, you confirm that you have read, understand and agree to abide by these Official Rules. Your Entry must adhere to the Eligibility Criteria listed above or your Entry will be void and ineligible for entry into the Sweepstakes. All entrants and Entries are subject to verification before the awarding of a prize, as are the eligibility, age, and other claims of information provided by a potential prize winner. In a dispute, Entries will be declared made by the authorized account holder of the email address submitted at the time of Entry. “Authorized 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. The potential winner may be required to show proof of being the authorized account holder. Incomplete, corrupted, garbled, misdirected or otherwise illegible Entries, or Entries without contact information, or agreement to these Official Sweepstakes Rules, are void and will not be accepted. Sponsor is not responsible for lost, late, stolen, incomplete, invalid, damaged, altered, or misdirected entries, which will be disqualified. Proof of submission will not be deemed proof of receipt by Sponsor. All entries must be received by Sponsor during the Entry Period. All entries become the exclusive property of Sponsor for the purpose of marketing to entrants and will not be acknowledged or returned. All Entries must be received by the Promotion Entities during the Sweepstakes Period specified above.
1c. DRAWING On or about December 10, 2024 (the “Draw Date”) a random drawing will be conducted by Sponsor, from all eligible Sweepstakes Entries that are timely received in accordance with section 1b. above to select ten (10) Potential Winners. Odds of being selected as eligible to win a Prize in this Sweepstakes will depend on the total number of eligible Entries timely received in accordance with 1a. above. Maximum of one (1) Prize per entrant.
1d. PRIZE CLAIM CONDITIONS Entrant selected as a potential winner (“Potential Winner”) is subject to verification of eligibility and compliance with these Official Rules. Potential Winner will be notified by Promotion Entities within approximately 24 hours of the Draw Date at the email account provided during the entry process.
Potential Winner: in order to be eligible to be determined a Winner, a potential Winner may be required to:
The Promotion Entities will attempt to notify the Potential Winner a maximum of two times. If a Potential Winner does not respond within two (2) calendar days of first attempt by Promotion Entities or its agent, Promotion Entities will make a second and final attempt to notify the Potential Winner. Return of any Prize or winner notification as undeliverable, inability to reach a Potential Winner or failure of a Potential Winner to respond to notification within two (2) calendar days of second attempt by Promotion Entities or its agent, failure to provide proof of eligibility (if requested), Release documents, Tax Documentation or other required documentation in a timely manner, or other non-compliance with these Official Rules may result in disqualification, forfeiture of the Prize and, at Promotion Entities’ sole discretion, selection of an alternate eligible entrant for the forfeited Prize at random from all remaining eligible Entries received, who will be subject to disqualification in the same manner.
1e. PRIZES
Ten (10) Grand Prize Winners, will each receive:
Grand Prize:
Total estimated retail value of all Sweepstakes prizes: $26,860 USD.
If a U.S. Prize winner, Winner will receive a 1099 for the value of the prize, $2,686 USD, in January 2025.
Winners are solely responsible for all taxes, VAT, and surcharges imposed by any authority with jurisdiction in compliance with applicable law and regulations.
SPONSOR WILL NOT BE LIABLE TO MAKE ANY PAYMENT IN ADDITION TO THE PRIZE AMOUNT SET FORTH IN THESE OFFICIAL RULES
Prizes must be accepted as awarded and may not be substituted or transferred. Winner will be responsible for all taxes (federal, state, and local of all applicable jurisdictions) and all expenses not listed herein related to acceptance and use of Prize. Winner will receive an IRS form 1099 after the end of the calendar year in which the prize was awarded, and a copy of such form will be filed with the Internal Revenue Service (IRS), or such other tax form as may be required by the laws of the jurisdiction in which the winner resides.
Prize winners assume all responsibility for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of a prize. By accepting a Prize, the Prize winner shall release the Promotion Entities from all liability and responsibility for use of the prize.
2. CONTEST
2a. CONTEST PERIOD The Contest starts on December 15, 2024 at 9:00:00 a.m. Central Time (“CT”) and ends on December 23, 2024 at 11:59:59 p.m. CT (the “Contest Period”).
2b. CONTEST ELIGIBILITY Only confirmed Grand Prize Winners (maximum ten-10) of the Sweepstakes (as outlined in section 1 above), are eligible to participate in the Contest. Entering the Contest is optional and confirmed Sweepstakes Winners will receive their Sweepstakes prize if they enter the Contest or not.
2c. HOW TO ENTER THE CONTEST. NO PURCHASE NECESSARY. Only confirmed winners of the Sweepstakes may enter the Contest by going to the link provided during the Sweepstakes notification/confirmation process and follow the instructions to submit a video (maximum :60 sec) in response to the following call to action: “Tell us how you would use the $100,000 cash prize to improve your current business or establish a new business”, (each a “Submission” and/or “Entry”). Submissions that do not include all required information or adhere to these Official Rules as determined by Sponsor, in its sole discretion, will be considered void. Once the video is sent, Submissions will not be acknowledged or returned. No other means of entry submission will be accepted. Sponsor may, in its sole discretion, remove, delete and/or disqualify any Submission and/or Entrant (as defined in “Guidelines and Restrictions” below) it deems inappropriate or otherwise non-compliant.
Format requirements:
2d. CONTEST REQUIREMENTS/RESTRICTIONS. Limit one (1) entry submission per person. Multiple Submissions from the same person will result in disqualification of all submissions other than the first eligible submission, submitted by that person.
The agreement to the Official Rules, and submission, once submitted as provided above, shall constitute an Entry. After completing these steps, the Entrant will formally be entered into the Contest. Entry cannot be altered by Entrant after it has been submitted. Should Entrants experience any technical difficulties with any aspect of submitting the Entry may send an email to merch@appsumo.com. Contest Entities will endeavor to respond to all requests promptly. Entries must be received by December 23, 2024 at 11:59:59 p.m. CT. Entrant’s Submission must comply in all respects with these Official Rules. Submission must be created solely by the Entrant.
Please review the criteria on which Entries will be judged prior to creating your Entry. The judging criteria may be found in Section 5 below. Once submitted, all materials and information become the property of the Sponsor and will not be returned. By submitting an Entry, you irrevocably grant to Sponsor, its affiliates, agents and licensees, the royalty-free right and permission to unconditionally and perpetually reproduce, copy, store, transmit, publish, display, adapt and/or otherwise use or reuse your Submission, name, picture, voice, statements, background and biographical material, photographs, pictures, stories, testimonials or other likeness, prize information, any information contained in your Entry, as well as any other information or materials arising out of your participation in the Contest for advertising, Promotional, commercial, publicity and/or any other purposes (without limitation), in any and all media now or hereafter known, in any language, throughout the world, in perpetuity and in any manner without further review, notice, approval, consideration or compensation of Entrant. Unless prohibited by law, you waive any rights of privacy, rights of publicity, intellectual property rights, and other rights that may preclude Sponsor from using or disclosing all or any part of your Entry in any manner and for any purpose. By submitting an Entry, you further release Sponsor from any future claims arising out of any use or disclosure of your Entry consistent with these Official Rules. All accepted Entries will be screened and may be published on the Internet or in other media at the sole discretion of the Sponsor. Without limitation to the foregoing, Sponsor may post any and all Submissions on the Contest Website during and following the Contest Period. The use or publication of an Entrant’s name or information in connection with the Contest does not signify that the Entrant is a Contest Winner. By submitting an Entry, you acknowledge and agree that you will not now or in the future be paid or compensated in any way for your Entry or for granting the Sponsor any of the rights set out in these Official Rules, whether you are chosen as a Winner or not. You further agree that Sponsor is not obligated to make use of any of the rights granted in these Official Rules or to use any of Submissions in any way.
Further Requirements and Restrictions Regarding Submissions and Publicity: In addition to the requirements previously noted in these Official Rules, the following requirements apply to all Entries: Submissions must be the Entrant’s own, original work, and the sole property of Entrant. Submission must be in English only. No Submission may have been previously published in print, broadcast or other media, or displayed publicly outside of this Contest, or submitted in any other Contest. Modifying, enhancing or altering another person’s or entity’s creation does not qualify as an Entrant’s original work. Submissions may include other people in addition to the entrant; however, all people appearing in video must be at least thirteen (13) years of age or older. If other people appear in your Submission, entrant represents and warrants that they (people, other than entrant, appearing in video), or their parents/legal guardians if they are minors, have provided express permission to appear in the video and have granted all rights necessary for Sponsors to use their name, voice and likeness.
Restricted Content: The content restrictions that follow apply to all Entries. Submissions may NOT include content that:
(A) promotes/endorses any recognizable company, brand or logo;
(B) violates any third-party property or other rights including, but not limited to: copyrights, trademark, right of publicity or privacy, or any other proprietary rights;
(C) involves libelous, defamatory, disparaging, tortuous or slanderous materials;
(D) includes any music, lyrics, instrumental subject to copyright infringement;
(E) involves nudity, or adult-oriented or sexually-explicit behavior or subjects;
(F) portrays lotteries or gambling;
(G) involves explicit or offensive language or content;
(H) involves violence;
(I) portrays imitations of people or characters from movie/TV shows/video games/comic books/sports figures, etc.;
(J) promotes illegal activities of any kind;
(K) involves tobacco, alcohol or drugs;
(L) involves weapons of any kind including, but not limited to, guns, bombs, or knives as a weapon;
(M) promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any basis protected by federal, state or local law, ordinance, or regulation;
(N) denigrates, disparages or reflects negatively on the Sponsor, its products, or employees, or on any other person, company, product, or service;
(O) is unlawful or contrary to the laws or regulations in the State in which the Submission was created;
(P) endorses and/or encourages bullying of any kind; Endorses and/or encourages bullying of any kind;
and/or
(Q) promotes/endorses a political agenda regardless of the political affiliation.
If a Submission includes any of the prohibited content listed above, the Entry will be disqualified, along with the Entrant who submitted it. The above list is not intended to be exhaustive; Sponsor may disqualify an Entry if it includes any content which, in Sponsor’s opinion, is otherwise unsuitable in connection with this Contest. Sponsor reserves the right to reject or disqualify any Entry at any time, in its sole discretion, without incurring any liability.
WARRANTY: By entering the Contest, each Entrant represents and warrants that (a) any Submission provided with an Entry is original to Entrant and does not infringe upon or otherwise violate any right of any third party, (b) Entrant has all rights necessary to submit any Submission provided, and (c) no Submission includes any restricted content as defined above, or other material that would violate applicable law. BY SUBMITTING AN ENTRY, EACH ENTRANT FURTHER WARRANTS AND REPRESENTS THAT HIS/HER ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE OFFICIAL RULES, AND AGREES THAT THE PROMOTION ENTITIES WILL BEAR NO LEGAL LIABILITY TO THIRD PARTIES REGARDING THE USE OF THE ENTRY BY THE PROMOTION ENTITIES, AND THAT THE PROMOTION ENTITIES SHALL BE INDEMNIFIED AND HELD HARMLESS BY ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS NOT FULLY COMPLIED WITH ANY OF THE OFFICIAL RULES.
2e. CONTEST JUDGING: At the end of the Contest Entry Period, the Sponsor (“Judge”) will judge all eligible Contest entries based on the following criteria:
Maximum score of 100
Total score, as determined by Sponsor, will determine the Winner and such determination shall be final and binding. In the event of a tie, Sponsor to identify a new judge to score the tied entries to determine a Winner.
2f. NOTIFICATION: The Entrant with the highest score will be notified via email, and or telephone on/around January 3, 2025 . Acceptance of a Prize constitutes permission for the Sponsor and its designees to use respective Prize Winner's name, biographical information, likeness, photograph, (including, without limitation, for advertising and promotional purposes) in perpetuity, throughout the universe, in all media whether now known or hereafter devised, without additional compensation unless prohibited by law.
2g. Contest Prize: One (1) Grand Prize Winner (the “Contest Winner”) will receive $100,000 USD cash (to be fulfilled to the winner in the form of a check or a wire transfer).
AppSumo will have full re-posting rights for any social media assets.
Contest Winner is responsible for the payment of federal, state and local taxes on their prizes (Sweepstakes and Contest) and for any other costs and expenses associated with the acceptance and use of the prize. Winner will be issued a 1099 for the total value of their prize in the calendar year following receipt.
3. PRIZE RESTRICTIONS The Contest Winner will assume full tax liability for the respective prize value. Prize is non-transferable, no substitutions allowed, except at the discretion of the Sponsor. Taxes, and all other expenses not specified herein, if any, are the responsibility of the Winner in his/her jurisdiction of primary residence. By participating in the Promotion, Entrants agree to release and hold harmless Sponsor, Administrator, and each of their affiliates, licensees, parents, franchisees, subsidiaries, advertising and Promotion agencies and their respective employees, officers, directors, shareholders, successors and assigns (collectively, the "Releasees") from any and all liability for any injuries, losses or damage of any kind which may arise in connection with this Promotion or the acceptance and/or use of any prize. Prize Winner is advised to consult with his/her tax advisors, lawyers, and/or financial advisors regarding the tax implications of the above stated Prize.
4. LICENSE TO EXPLOIT ENTRY By entering this Sweepstakes and Contest, Entrants agree that Sponsor and each of its affiliates, licensees, Promotional partners, and third party marketing entities shall have the right and permission to use the name and biographical data, contained in Entrants entry for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, the Entrant to the extent permitted by law and except where prohibited.
5. INTERNET By entering the Sweepstakes and Contest, Entrants grant the Releasees/Promotion Entities permission to use personal information about Entrants in accordance with Sponsor's privacy policy, located at [INSERT URL]. The Releasees/Promotion Entities, and any Internet access providers and their respective parents, affiliates, divisions, and agencies and each of the foregoing entities' respective employees, officers, directors, shareholders, and agents (the "Released Parties") are not responsible for late, lost, incomplete, damaged, stolen, misdirected, illegible entries, incorrect or inaccurate transfer of entry information, human error, technical malfunctions, lost/delayed data transmissions, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, or software or any combination thereof, inability to access websites, damage to a user's computer system (hardware and software) due to participation in this Promotion or any other problem or error that may occur. The Promotion Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Promotion, errors in processing Entries, identifying the Prize Winner, or in the announcement of the Prize Winners. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Promotion Website during the Promotion Period and the remaining Prizes may be awarded to a Winner to be selected in a random drawing from among all eligible entries received up until and, or after (if applicable) the time of modification, cancellation, or termination or in a manner that is fair and equitable as determined by Sponsor in its sole discretion. All interpretations of these Official Rules and decisions by Sponsor are final. In the event of a dispute over who submitted a winning Entry, the authorized account holder of the account attached to the winning Entry will be declared the winner. "Authorized Account Holder" is defined as the natural person assigned to an email address by an internet access provider and/or a mobile phone number by a wireless carrier or other organization responsible for assigning a mobile phone numbers. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted. Sponsor reserves the right in its sole discretion to disqualify any individual it suspects or finds (a) to have used a software generated, robotic, programmed, script, macro or other automated online entry, (b) to have tampered with the entry process or the operation of the Promotion, (c) to be acting in violation of these Official Rules, (d) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (e) to have provided inaccurate information on any legal documents submitted in connection with the Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE THE PROMOTION WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE PROMOTION ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THIS CONTEST, INCLUDING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES SHALL BE (1) GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW PRINCIPLES (WHETHER OF THE STATE OF TEXAS OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF PENNSYLVANIA; (2) ANY DISPUTE, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE PROMOTION OR ANY PRIZE AWARDED SHALL BE BROUGHT EXCLUSIVELY IN A FEDERAL OR STATE COURT IN THE COUNTY OF MEDINA IN THE STATE OF TEXAS; (3) ANY AND ALL 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 OR COURT COSTS; AND (4) UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
6. COUNTRY SPECIFIC NOTICES If any provision of these rules is invalid under the law, rules or regulations of a particular country, it will only apply to the extent permitted. In addition to the tax liability disclosures in these Official Rules, Sweepstakes and Contest Winners are subject to abide by the income reporting and, if applicable, the payment of any taxes due per the laws, rules and regulations of the Winner’s country of residence. By entering the Sweepstakes, Entrants hereby expressly agree and accept that for all that is related to the interpretation, performance and enforcement of these Official Rules, each of them expressly submit themselves to the laws of the United States of America and to the jurisdiction of the competent courts in the State of Texas, United States of America, expressly waiving to any other jurisdiction that could correspond to them by virtue of their present or future domicile or by virtue of any other cause.
7. GOVERNING LAW/JURISDICTION Unless the laws relevant for the domicile of the Entrant provide otherwise, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of Texas, United States.
8. PERSONAL INFORMATION Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstakes for the purposes of administering the Sweepstakes and prize fulfillment. By entering this Sweepstakes, entrant’s consent to such collection, use, and disclosure of your personal information.
By accepting a Prize, each winner agrees to Promotion Entities use of his/her name, city/state/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Promotion Entities may conduct relating to the Sweepstakes in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law. Aggregate and anonymized Sweepstakes winner information may be used by the Promotion Entities to communicate about the Sweepstakes to its retailers and distributors.
For further information about Sponsor’s privacy practices, please see Sponsor’s Privacy Policy at: https://AppSumo.com/privacy/.
9. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY Promotion Entities reserves the right to suspend or modify this Sweepstakes, or these Official Sweepstakes Rules, in whole or in part, at any time and without notice or obligation if, in Promotion Entities’ sole opinion, any factor interferes with its proper conduct as contemplated by these Official Sweepstakes Rules. Without limiting the generality of the foregoing, if the Sweepstakes, or any part thereof, is not capable of running as planned for any legitimate reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Promotion Entities, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Promotion Entities may, in its sole discretion, void any suspect Entries and: (a) terminate the Sweepstakes, or any portion thereof; (b) modify or suspend the Sweepstakes, or any portion thereof, to address the impairment and then resume the Sweepstakes, or relevant portion, in a manner that best conforms to the spirit of these Official Sweepstakes Rules; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
10. GENERAL CONDITIONS Winning a Prize is contingent on fulfilling all the requirements set forth herein. All Entries become the property of Promotion Entities, where permitted and in any event none will be returned or acknowledged. Mass Entries, automated Entries, Entries submitted by third parties, and any Entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All Entries and prize claims are subject to verification. Proof of Entry submission does not constitute proof of receipt. Entrants agree to abide by these Official Sweepstakes Rules. Decisions of Promotion Entities will be final and binding on all matters pertaining to this Sweepstakes. Sweepstakes is subject to all applicable federal, state, and local laws, of all applicable jurisdictions. Promotion Entities reserves the right to correct any typographical, printing, computer programming or operator errors. Promotion Entities’ failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Sweepstakes Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Sweepstakes Rules is determined to be invalid or otherwise unenforceable, then the Official Sweepstakes Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Promotion Entities his/her prize, or the cash value thereof. Promotion Entities reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Sweepstakes and/or Sweepstakes websites or apps, violates the Official Sweepstakes Rules, Sponsor’s Terms of Service, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS Sweepstakes OR UNDERMINE THE LEGITIMATE OPERATION OF THE Sweepstakes IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND Promotion Entities RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
11. LIMITATIONS OF LIABILITY AND RELEASES BY PARTICIPATING IN THIS Sweepstakes, ENTRANTS AGREE THAT Promotion Entities HAS NO LIABILITY WHATSOEVER FOR, AND ENTRANTS SHALL HOLD THE Promotion Entities HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM (A) ENTRY OR PARTICIPATION IN THIS Sweepstakes, INCLUDING ACCESS TO AND USE OF THE Sweepstakes WEBSITES, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. Promotion Entities IS NOT RESPONSIBLE FOR ANY UNDELIVERED EMAILS, INCLUDING WITHOUT LIMITATION E-MAILS THAT ARE NOT RECEIVED BECAUSE OF A WINNER’S PRIVACY OR SPAM FILTER SETTINGS WHICH MAY DIVERT ANY NOTIFICATION OR OTHER E-MAIL, INCLUDING ANY WINNER NOTIFICATION EMAIL, TO A SPAM OR JUNK FOLDER. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you, please see Rule 12 below.
Without limiting the foregoing, but subject to Rule 12 below, the Promotion Entities and any of Sponsor’s other agencies, suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Sweepstakes website users, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of submissions in the Sweepstakes; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, Entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Promotion Entities for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Sweepstakes; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
12. DISPUTE RESOLUTION Except where prohibited, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Texas; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE RESTRICTIONS IN THE EVENT OF DISPUTE OR LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules, or the rights and obligations of you and the Promotion Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
13. OFFICIAL SWEEPSTAKES RULES AND WINNERS LIST Official Rules will be posted on AppSumo.com as of October 28, 2024 and will remain posted until January 31, 2025. Sweepstakes and Contest Winners list will be posted on AppSumo.com upon confirmation of Grand Prize winner.
14. SPONSOR AppSumo, 1305 e 6th Street #3, Austin, TX 78702
15. ADMINISTRATOR Marden-Kane Inc., 575 Underhill Blvd. Suite 222, Syosset, NY 11791
©2024. Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.
These rules have been modified by the Creator of this giveaway "$100K For Your Business". Sumo Group, Inc. (d.b.a. "KingSumo") accepts no legal liability or responsibility for errors, falsities, or unfulfilled winnings due to the Creator.
If you suspect concerns with this giveaway, please email support@kingsumo.com. Our Support team will review the giveaway and take action as necessary which may include removing the giveaway, banning the Creator, or other action as deemed necessary.
By entering this giveaway, you agree to: the KingSumo Terms of Service found at https://kingsumo.com/tos and the KingSumo Privacy Policy at https://kingsumo.com/privacy.