AlphaGraphics Make It Happen Sweepstakes
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. PLEASE REVIEW THESE OFFICIAL RULES (“OFFICIAL RULES”) CAREFULLY. DO NOT SUBMIT OR PARTICIPATE IN THIS PROMOTION IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES.
ELIGIBILITY: The AlphaGraphics Make It Happen Sweepstakes (the “Promotion”) is a trade promotion offered in the 50 U.S. States and D.C. to businesses (eligible “entrant”). For greater certainty, the Promotion is open only to businesses; individuals acting for family, household, or domestic purposes are not permitted to participate in the Promotion. The sponsor (“Sponsor”) of the Promotion is AlphaGraphics, Inc. Employees, officers, directors of Sponsor, its subsidiaries and affiliated companies, agents, advertising/promotion agencies, individuals engaged in the development, production, or distribution of materials for, or implementation of the Promotion (collectively referred to herein as the “Promotion Entities”), and the immediate family members (spouse, siblings, children, domestic partners, and parents including foster and step-relations) or those living in their same household (whether or not related) as any person in any of the preceding categories, are not eligible to enter or win a prize. Void where prohibited or restricted by law.
This Promotion is not endorsed or administered by, or associated with, Instagram or LinkedIn. All information provided by entrant is provided to Sponsor, not to Instagram or LinkedIn.
IMPORTANT NOTICE: Entrants have the responsibility to review and understand their company/employer’s policies and all applicable laws, rules and regulations regarding eligibility to participate and/or receive prizes in trade promotions including this Promotion. If an individual is participating in violation of any such policies or laws, that individual and its employer may be disqualified from this Promotion, or from receiving prizes. Sponsor disclaims any and all liability and responsibility for disputes related to this matter.
By entering the Promotion, each entrant fully and unconditionally agrees to and accepts these Official Rules, the information provided by Sponsor in connection with the Promotion, and the decisions of the Sponsor (and its authorized representatives) which are final and binding with respect to all matters pertaining to this Promotion and all elements thereof.
PROMOTION PERIOD: The Promotion begins on or about 12:00:01 am Mountain Time (“MT”) on November 1, 2022, and ends at 11:59:59 pm MT on December 11, 2022 (“Promotion Period”). This Promotion consists of two prize drawings, one for entrants that are Sponsor’s franchisees, and one for entrants that are NOT Sponsor’s franchisees, as more fully described in the Selection of Winners/Odds section below.
The clock on the Sponsor’s server shall be the official time keeping device for this Promotion. All time referenced in connection with the Promotion is Mountain Time. Entrants are solely responsible for determining the corresponding time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto.
HOW TO ENTER: To receive one entry into the applicable drawing, an authorized individual of an eligible entrant business must during the Promotion Period post on its Instagram or LinkedIn account (each, a “Social Media Account”) a short description of how it has overcome a specific challenge (e.g., how it completed a project, how it goes the extra mile for its customers and/or how it provides extraordinary customer service.) Each post on LinkedIn must tag @AlphaGraphics. Each post on Instagram must tag @AlphaGraphicsHQ. All posts on any Social Media Account must include the hashtag #MakeItHappenMoment and #sweepstakes in the caption in order to be eligible for the drawing. An Entrant must have or create a non-private Social Media Account in good standing (by the applicable Social Media Account’s determination) and account settings must remain public during the Promotion Period and until the prizes are awarded (as described the Prizes section below). Entrant must also not change his/her handle during the Promotion Period and until the prizes are awarded.
If an entrant does not have a non-private Social Media Account, he/she can create one at no cost at www.Instagram.com or www.LinkedIn.com. Creation of a Social Media Account requires entrant to agree to the applicable Social Media Account’s Terms of Service and Privacy Policy, available via the links at each Social Media Account’s website. Each post must be unique and cannot be submitted more than once during the Promotion Period. All entries must conform to these Official Rules, including, but not limited to the Entry Requirements and Content Restrictions set forth below, to be eligible. All entries must be received during the Promotion Period. Important: If the entrant is participating in the Promotion via a mobile device, message and data rates may apply. Entrant should consult his/her wireless service provider regarding its pricing plans. Participation may not be available on all mobile devices, as not all mobile devices or cellular telephone providers have the capabilities or carry the service necessary to participate in this Promotion. Consent is not a condition of purchase.
All entries must be received during the Promotion Period. Limit one entry per eligible entrant. Entrants may not participate using multiple or false mailing addresses, business names, email addresses, IP addresses, identities, or accounts, nor shall entrants use any other device or artifice to submit information or to enter more than the permitted number of times. Any suspected attempt by any entrant, directly or indirectly, to cheat, to engage in fraud, to obtain unauthentic or fraudulent entries, or to engage in any other form of artifice as determined in Sponsor’s sole and absolute discretion, will void all such entries, and disqualify any entrant suspected of using/benefitting from such methods. Without limiting the foregoing, Sponsor has the right to verify entrants’ eligibility and compliance with these Official Rules and, on the basis of its investigation, to disqualify any entrant/entry at any time during or after the Promotion Period. Without limiting the foregoing, entrant will be disqualified if Sponsor believes the entrant’s participation, or any element thereof, is not in the spirit of the Promotion or is ineligible or otherwise not compliant herewith, or if Sponsor believes awarding a prize will have a detrimental impact on Sponsor, this Promotion or any element thereof, or any of Sponsor’s and/or other Promotion Entities’ brands, products or services. Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, non-compliant, illegible, delayed, destroyed, damaged, not received, undelivered, or misdirected information and/or entries (in whole or in part). All information submitted becomes the property of Sponsor and will not be acknowledged or returned.
ENTRY REQUIREMENTS AND CONTENT RESTRICTIONS: All entries must comply with the following requirements and content restrictions:
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- The entry may only contain a photograph or video of the Entrant and one or more adults (age 18+) personally known to entrant. Entrant must have permission to submit the entry from all individuals depicted in the photograph or video;
- The entry must not disparage Sponsor or any of the Promotion Entities, or any of their respective products and/or brands;
- The entry must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where the entry is created.
- The entry may not depict unethical, destructive, illegal or harmful (including self-harm) activities or behavior, cruelty (including but not limited to animals), violence, gambling, or any unsafe, dangerous or inappropriate behavior or activities;
- The entry may not contain advertisements, personal or commercial solicitations, highly sensitive religious or political agendas of whatever kind or nature;
- The entry may not contain unsubstantiated claims, or that disparage or portray in a false light Sponsor, or any of the Promotion Entities, or any of their respective products and/or brands, or those of any other person or entity;
- The entry may not contain content that in Sponsor’s sole and absolute discretion features infringing intellectual property of whatever kind or nature (such as music, images, etc.) not owned by entrant or used without the owner’s express consent, including without limitation any third-party brand names, logos or trademarks, other than those of Sponsor and its affiliated companies (which Entrant has a limited license to use solely for purposes of this Promotion in accordance with the terms herein); and
- The entry may not contain any malware, viruses, trojans, worms, spyware or any other harmful software or code (“malware”) or other malicious devices, nor will otherwise link to or expose Sponsor or other Promotion Entities to any such malware or devices.
By submitting an entry, entrant warrants and represents that the entry is his/her original work, has not been previously published, has not received previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or any other intellectual property or other rights of any person or entity.
Sponsor reserves the right, at its sole discretion, to disqualify an entrant if his/her entry fails to comply with these Entry Requirements and Content Restrictions or any other provision of these Official Rules.
SELECTION OF WINNERS/ODDS: This Promotion consists of two separate Prize drawings conducted by Sponsor or its authorized representative on or about December 16, 2022, as follows: Three (3) winners will be selected from among all eligible entries received from businesses that are NOT franchisees of Sponsor; One (1) winner will be selected from among all eligible entries received from businesses that ARE franchisees of Sponsor. Odds of winning a Prize depend on the number of eligible entries received for the applicable drawing.
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
- Non-Franchisee Drawing (3 Prizes): A $100 Visa® gift card; ARV: $100 each.
- Franchisee Drawing (1 Prize): A $300 Visa gift card; ARV: $300.
Gift cards are subject to the terms and conditions established by issuer and communicated on the gift card at time of prize award, and are not redeemable for cash. Visa is a registered trademark of Visa International Service Association, which is not a sponsor of or otherwise affiliated with this Promotion.
Potential winners will be notified by @AlphaGraphicsHQ to the potential winner’s Social Media Account used to enter or other method, as solely determined by Sponsor. Potential winners will have three (3) business days from the date of the notification to reply and submit their full name, valid email address, mailing address to claim the prize. All prize claims are subject to verification by Sponsor. You are not a winner until your prize claim has been timely received and verified by the Sponsor, your entry and eligibility have been verified, and you have complied with these Official Rules. Each potential winner and its owners may be required to complete, sign, and return an Affidavit of Eligibility, Release of Liability and, where lawful, Publicity Release within the time specified by the Sponsor, or else the Prize will be forfeited and an alternate potential prize winner selected. The winner may be required to provide a valid Social Security Number or Tax ID Number to Sponsor for tax purposes and/or complete an IRS 1099-MISC in order to claim the prize. Failure of the Prize winner to timely sign, notarize and return any required affidavit or release, or the return of any prize, affidavit/release or prize notification as undeliverable, or failure of the Prize winner to claim the Prize or to comply with any term or condition of these Official Rules, may result in disqualification and the forfeiture of the Prize.
In the event of noncompliance, if an entrant (or any employee) is or becomes noncompliant or ineligible during or after the Promotion Period, or if a potential winner fails to respond to the prize notification or other notification within the time specified, declines the prize, or cannot be reached, that Prize will be forfeited in its entirety. Prize or Prize notifications that are not received, un-awarded, unclaimed, returned, undeliverable, misdirected (including into spam or junk folders) or otherwise will be forfeited and will not be awarded or re-awarded. If a winner is disqualified, Sponsor will either choose an alternate winner or the prize will remain un-awarded. Prizes will be delivered to each verified winner approximately 4-6 weeks after verification is completed, via electronic delivery to winner’s email address or mailing address provided during the verification process, at Sponsor’s sole discretion.
IMPORTANT NOTICE:
By accepting any prize, winner agrees to abide by these Official Rules. Once awarded, a Prize will not be replaced by Promotion Entities if unclaimed, misdelivered, lost, misplaced, damaged, destroyed or stolen.
Prize must be accepted in its entirety. Prizes cannot be assigned, transferred, or substituted, in whole or in part, except by Sponsor who may, at its sole discretion, substitute a prize (or prize element) with a prize of equal or greater value. Prizes are not redeemable for cash; any difference between the actual value and ARV of the Prize will not be awarded as cash, or otherwise. All expenses not specifically stated herein are solely the responsibility of the winner. All federal, state and local taxes are the sole responsibility of the winner; winner is advised to seek independent counsel regarding prize tax implications. In no event will the Promotion Entities be responsible for awarding more than the stated number or description of prizes herein or on the Website. Prizes, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured or mentioned in advertising or Promotion materials (including the Website) is for illustrative purposes only and may not be the actual prize awarded. Trademarks depicted or associated with prizes are the registered trademarks or trademarks of their respective owners/manufacturers, which are not sponsors of nor otherwise affiliated with this Promotion. WITHOUT LIMITING ANY MANUFACTURER WARRANTIES, SPONSOR AND OTHER PROMOTION ENTITIES MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE QUALITY OR CONDITION OF A PRIZE (AWARDED “AS IS”) AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATIONS OF LIABILITY, RELEASE AND INDEMNIFICATION: BY PARTICIPATING, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE SPONSOR, OTHER PROMOTION ENTITIES, AND THEIR PARENT, AFFILIATED AND SUBSIDIARY COMPANIES, INSTAGRAM, LINKEDIN, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE DISTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, ASSIGNS AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION OR OTHER LEGAL PROCEEDINGS ARE COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE, MISDIRECTION, OR MISUSE OF AN INCENTIVE, PRIZE OR ANY ELEMENT THEREOF, PARTICIPATION IN THE PROMOTION AND/OR PRIZE RELATED ACTIVITY, AND ACCESS/USE OF ALL WEBSITES, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES. To the fullest extent permitted by law, entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind these releases. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION, PARTICIPATION IN PROMOTION AND/OR PRIZE RELATED ACTIVITIES, THE USE OR MISUSE OF A PRIZE OR ANY ELEMENT THEREOF, OR ACCESS TO, AND USE OF ANY PARTICIPATING WEBSITE(S) OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE(S). Without limiting the foregoing, the Website is provided “AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
BY ENTERING THE PROMOTION, ENTRANTS AND WINNER AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR, PROMOTION ENTITIES, SPONSOR AND PROMOTION ENTITIES’ MEMBERS, OFFICERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES AND AFFILIATES (THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ANY CLAIMS, DEMANDS, COSTS, LIABILITIES, DAMAGES, LOSSES, CAUSES OF ACTION, OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM (A) THE PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OF ANY PRIZE, AND (B) ANY BREACH OF THESE OFFICIAL RULES OR ANY REPRESENTATIONS AND WARRANTIES IN THESE OFFICIAL RULES.
By entering and/or accepting a prize, entrants and winners hereby irrevocably consent, where lawful, to the use (but without obligation) by Sponsor (and its affiliated companies and their respective authorized representatives) of their business name, image, photographs, videotape, likeness, hometown name, biographical information, voice, as well as any statements regarding the Promotion or Sponsor (provided they are true) for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, including but not limited to the Internet, mobile devices, and World Wide Web, without additional compensation, and without the right of review, notification or approval.
GENERAL CONDITIONS: Neither Sponsor nor any of the other Promotion Entities are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, stolen, returned, or undelivered entries, or other information, or e-mail, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information, nor for the failure to capture any such information. Persons who are suspected of tampering with or abusing any aspect of the Promotion or Website, as solely determined by the Sponsor, will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor is not responsible for injury or damage to entrants’ or to any other person’s computer or mobile device related to or resulting from participating in this Promotion or downloading materials from or use of any Website. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes similar or dissimilar which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, participation, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion, or any element thereof, and select winners (for the respective promotion or element thereof as applicable) from eligible entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction to, or unauthorized use of the Website. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, brochures, cover letters, announcements, Promotion materials and/or any other information relating to this Promotion or any element thereof, these Official Rules shall govern.
Promotion Entities shall not be liable to entrants, winners or any other person or entity for failure to execute the Promotion, or any element thereof or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, epidemic or pandemic, or any similar or dissimilar event beyond their reasonable control.
DISPUTES/ARBITRATION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF COLORADO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. Entrants are solely responsible for compliance with all applicable laws, rules and regulations including but not limited to tax and similar reporting obligations imposed by the federal, state, and local authorities. Written notices of claims or disputes (“Demand”) shall be sent to the Sponsor at the following address (the “Notice Address”): 143 Union Boulevard, Suite 650, Lakewood, CO 80228 United States. If the claim or dispute contained in the Demand is not resolved to entrant’s satisfaction within ten (10) business days after Sponsor’s receipt, the entrant shall file a Demand for Arbitration with JAMS (“Arbitrator”), pursuant to the JAMS Arbitration Administrative Policies and, unless otherwise agreed in writing by the parties, to the applicable JAMS Arbitration Rules and Procedures. For any such filing of a demand for arbitration, entrant must affect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any dispute with Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of any arbitration shall be Denver, Colorado. TO THE EXTENT PERMITTED BY LAW, THE RIGHTS TO LITIGATE, TO SEEK INJUNCTIVE RELIEF OR TO MAKE ANY OTHER RECOURSE TO JUDICIAL OR ANY OTHER PROCEDURE IN CASE OF DISPUTES OR CLAIMS RESULTING FROM OR IN CONNECTION WITH THIS PROMOTION ARE HEREBY EXCLUDED, AND YOU EXPRESSLY WAIVE ANY AND ALL SUCH RIGHTS. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION FINDS THE FOREGOING WAIVER UNENFORCEABLE, YOU HEREBY AGREE TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN THIS SECTION.
PRIVACY POLICY: For information about how the Sponsor uses personal information collected in connection with this Promotion, please see its privacy policy, located at https://www.alphagraphics.com/privacy-policy.
WINNERS LIST: For the names of the winners, mail your request in a U.S. sufficiently self-addressed, stamped envelope to be received by AlphaGraphics, Inc. within one (1) month of the close of the Promotion Period to: 143 Union Boulevard, Suite 650, Lakewood, CO 80228 United States.
Sponsor reserves the right, without notice or prior approval, to modify or supersede these Official Rules in its sole reasonable discretion, and in such event will post revised Rules on the Website, which will continue to govern all aspects of the Promotion. Sponsor may also end the Promotion at any time for any reason in its sole discretion without obligation to any entrant.
SPONSOR: This Promotion is sponsored by AlphaGraphics, Inc. located at 143 Union Boulevard, Suite 650, Lakewood, CO 80228 United States. © 2022 AlphaGraphics, Inc. All rights reserved.