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Referral Program Legal

REFERRAL SWEEPSTAKES RULES

 

1. INTRODUCTION

 

NO PURCHASE OR OBLIGATION IS NECESSARY. By entering a Sweepstakes, entrants agree to abide by all terms of these Official Sweepstakes Rules and the decisions of GroupSystems (“Sweepstakes Administrator”) and Sponsor, whose decisions shall be final and binding.  VOID WHERE PROHIBITED.

 

2. Eligibility

 

Sweepstakes are open only to individuals who are 18 years of age or older (unless otherwise stated) and legal residents of the contiguous United States at the time of entry. An Individual may win once within a 30 day period unless otherwise stated. Employees of GroupSystems, the participating sponsors and their respective parents, subsidiaries and affiliates and each of their officers, directors, shareholders, employees, advisors, accountants, attorneys, assignees, agents, licensees, representatives and any other person or entity associated with this Sweepstakes, including their advertising and promotional agencies, (collectively, “Sweepstakes Entities”), and their immediate family members (defined as parent, spouse, child, siblings and grandparents) are NOT eligible to win. By entering any Sweepstakes, entrants agree to waive any and all claims against Sweepstakes Entities for personal injury, damage or loss of any kind which may result from participation in the Sweepstakes or from the receipt, enjoyment, ownership or use of any prize.

 

3. HOW TO ENTER

 

To enter, the participant must submit one valid referral. A valid referral is defined: first name, last name, phone number, email address and company name of an individual that can be confirmed authentic by a GroupSystems representative.

 

4. Winner Selection

 

Odds of winning depend on the total number of entrants.  Only one (1) winner per organization.  If there is a grand prize, the Grand prize drawing will be conducted by an impartial representative of Sweepstakes Administrator.  The grand prize winner retains runner-up prize and may use it separately or in conjunction with the grand prize.

 

5. Prizes

 

Prizes are non-transferable. No cash redemption or substitution, except that Sweepstakes Entities, in their sole discretion, reserve the right to change or replace prizes at any time with prizes of greater or comparable value. The value of prizes may be taxable as income. Prize winners are solely responsible for all applicable federal, state and local taxes that become due. The grand prize winner must provide a social security number for 1099/income tax filing purposes prior to the awarding of the prize.

 

In the instance that a government employee is chosen, GroupSystems will donate the prize cash value to a charity of selected by the winner from a list provided by GroupSystems.

 

6. WINNER NOTIFICATION

 

In there is a grand prize winner, the Sweepstakes Administrator will attempt to notify the prospective grand prize winner by telephone.  If the prospective grand prize winner cannot be contacted within 3 days of the first attempted contact, or if eligibility requirements are not met, a prospective grand prize winner will be deemed ineligible, and an alternative prospective grand prize winner will be selected at random from the remaining runner up prize winners. This winner selection process will continue through 3 rounds of selecting alternates until a grand prize winner is determined. All prize winners  will be required to complete, sign and return Affidavits of Eligibility, Waivers of Liability and Publicity Releases. Failure to comply with these Official Sweepstakes Rules or to claim a prize will result in disqualification of a prospective winner and the selection of an alternate winner.

 

7. General Conditions

 

Sweepstakes are subject to all applicable federal, state and local laws, rules and regulations. Entrants grant to Sweepstakes Entities the right to use and publish their proper name, city and state online and in print or any other media, in connection with the Sweepstakes. Acceptance of a prize constitutes permission for Sweepstakes Entities to use winners' names and likeness for advertising and promotional purposes without additional compensation unless prohibited by law. Sweepstakes Entities reserve the right to disqualify any individual they find to be tampering with the entry process or the operation of the game; to be acting in violation of these Official Sweepstakes Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass Sweepstakes Entities or any other person. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

8. Limitations of Liability

 

If for any reason the Sweepstakes is not capable of running as planned, including, but not limited to, due to tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sweepstakes Entities which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sweepstakes Entities reserve the right to disqualify any individual who causes any such problem, and to cancel, terminate, modify or suspend the Sweepstakes. Sweepstakes Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or any problem or technical malfunctions of any telephone network or lines, or any combination thereof, which may limit an entrant’s ability to participate in this Sweepstakes.

 

By entering this Sweepstakes, each entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) 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 will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to, punitive, incidental or consequential damages and/or any other damages other than actual out-of-pocket expenses.

 

Each winner, by accepting a prize, agrees to release and hold harmless Sweepstakes Entities from any and all liability, claims or actions of any kind whatsoever, which may result from the receipt, enjoyment, ownership or use or misuse of such prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant's rights of publicity or privacy, or the entrant's claim that he/she has somehow been defamed or portrayed in a false light).

 

Sweepstakes Entities do not assume any responsibility for any schedule changes in the Sweepstakes timeline, including without limitation, scheduling conflicts, labor strikes, Acts of God, or other unforeseen events that disrupt the Sweepstakes schedule. Sweepstakes Entities reserve the right to cancel, modify, or suspend this Sweepstakes.

 

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL SWEEPSTAKES RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SWEEPSTAKES ENTITIES IN CONNECTION WITH THIS SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. EACH PERSON WHO PARTICIPATES IN THIS SWEEPSTAKES AGREES THAT THE STATE AND FEDERAL COURTS LOCATED IN DENVER, COLORADO SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THESE OFFICIAL SWEEPSTAKES RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SWEEPSTAKES ENTITIES IN CONNECTION WITH THIS SWEEPSTAKES AND EACH HEREBY WAIVES ANY CLAIM THAT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.

 

11. SWEEPSTAKES ADMINISTRATOR

 

GroupSystems Corp., 520 Zang St. Suite 211, Broomfield, CO 80021