GROUPON SO BLEEPING READY SMALL BUSINESS GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. PURCHASE OR PAYMENT WILL NOT INCREASE ODDS OF WINNING.
PROMOTION PERIOD: The Groupon So Bleeping Ready Small Business Giveaway (the “Promotion”) begins 12:00:00 AM Eastern Time (“ET”) on April 12, 2021 and ends 11:59:59 PM ET on May 9, 2021 (“Promotion Period”). Administrator’s clock is the official time keeping device for this Promotion.
Groupon values respect, inclusion and diversity for everyone and requires this of all companies it works with through the Groupon Vendor Code of Conduct: https://img.grouponcdn.com/pdf_assets/sHpEiw5imxYE2Zc5CY1/xs. It’s important to Groupon that all winning Small Businesses take issues of diversity & inclusion, harassment and discrimination, sexual harassment and misconduct, and labor & human rights seriously, and as such, in order to qualify to win the Promotion, Small Businesses must operate their business in line with the Groupon Vendor Code of Conduct.
Any Small Business owned, in whole or in part, by a person that has been charged with unfair business practices, discrimination, sexual harassment or a crime of violence or moral turpitude are not eligible for this Promotion.
Small Businesses that operate within the following industries are not eligible for this Promotion: plantation tours, pornography, and cannabis.
The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of Nominators and winning Small Business.
HOW TO NOMINATE A SMALL BUSINESS: During the Promotion Period, individuals can nominate (hereinafter such person is referred to as a “Nominator”) a Small Business for one entry into this Promotion via Facebook, Twitter or Instagram (each, a “Social Media Platform”), as instructed below, for a chance to have the Small Business receive a $10,000 check. Each nomination following one of the below methods of nomination and including all stated information shall be considered a “Nomination”. PRIZES WILL ONLY BE AWARDED TO THE WINNING SMALL BUSINESSES; NOMINATORS DO NOT HAVE THE OPPORTUNITY TO WIN A PRIZE. Limit one (1) Nomination per Small Business per Nominator.
Any attempt by a Nominator to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations and logins, or any other methods will void the applicable Nomination and the nominated Small Business may be disqualified from this Promotion. In the event of a dispute as to an account, the authorized account holder of the email address associated with the Social Media Platform account used for the Nomination will be the Small Business awarded the entry. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential nominated Small Business may be required to show proof of being an authorized account holder in order to be awarded the entry. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by your online service may apply. Standard data rates may apply if entering via mobile device.
Small Businesses are prohibited from obtaining or soliciting Nominations by offering prizes, payments, or inducements for nominations, or engaging in other conduct that is not considered fair play, as determined by Sponsor in its sole discretion, and Sponsor may void all entries associated with such conduct and deem any Small Business engaging in such conduct ineligible. Entries must be in English and comply with the character limitations and other requirements of Facebook/Twitter/Instagram.
All Nominations must be suitable for family audiences as determined by Sponsor in its sole discretion, not infringe third party rights and be consistent with the purpose of this Promotion. Without limitation, this means that the Nomination must not contain any material, words or images or other content that:
Further, Nominations must not misrepresent the Promotion, including but not limited to nomination eligibility of a Small Business.
Any Nomination that, in Sponsor’s sole and absolute discretion, violates any of the above, the Official Rules or representations or warranties of Nominator may be disqualified from the Promotion. In the event that a Nomination is edited, removed and/or disqualified, Nominator is not relieved from responsibility for compliance with these Official Rules. Nominators and Small Businesses acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use or not use (or remove) any entry, Nomination or posting in any way it sees fit without notification, further consent or payment of any kind.
NOMINATIONS REPRESENT SOLELY THE VIEWS AND OPINIONS OF NOMINATORS, NOT THOSE OF SPONSOR. SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH REVIEWING, MODERATING OR MONITORING NOMINATIONS.
RANDOM DRAWING/ODDS: Ten (10) Grand Prize winners will be randomly selected from all eligible Small Businesses that received a Nomination during the Promotion Period (each, a “Grand Prize Winner”). Random drawing will be conducted by Administrator, an independent judging organization whose decisions are final on all matters relating to the Promotion. The odds of winning a Grand Prize will depend on the total number of eligible Small Businesses that received a Nomination throughout the Promotion Period. Administrator will make an attempt to notify the potential winning Small Business (as indicated in its Nomination) by direct message on the applicable Social Media Platform or by phone/email and an owner/authorized representative of the Small Business will need to be identified. If there is any ambiguity as to the Small Business identity, the Nominator who nominated the Small Business will be requested to confirm specific Small Business identity.
Potential winning Small Businesses will be contacted and required to respond to the Administrator within 72 hours of Administrator's initial contact attempt. An owner/authorized representative of each potential winning Small Business will then be required to digitally and securely sign and return a Declaration of Compliance, Liability Waiver and Publicity Release and assignment of rights ("Declaration") which must be received within three (3) days of the date the Declaration was sent, to claim their Prize. If a potential winning Small Business cannot be contacted, fails to sign and return the Declaration or provide any other requested information within the required time period, or the Prize is returned as undeliverable, the potential winning Small Business forfeits their opportunity to receive the Prize. Receiving a Prize is contingent upon compliance with these Official Rules. In the event that a potential winning Small Business is disqualified for any reason or found to not have been eligible in the first place, Sponsor may award the applicable Prize to an alternate winning Small Business by random drawing from among all remaining eligible Small Businesses that were nominated. Prizes will be distributed at Sponsor’s sole discretion within 6-8 weeks from the end of the Promotion Period. Sponsor reserves the right to (but is not obligated to) conduct a background check on all winning Small Businesses and the respective Small Business owners/authorized representatives and Sponsor reserves the right in its sole discretion to disqualify any Small Business based on the results of such background check, if Sponsor determines in its sole discretion that awarding the Prize to such Small Business might reflect negatively on Sponsor or the Promotion.
PRIZES: TEN (10) GRAND PRIZES: $10,000 check made payable to the qualified Small Business (“Prize”). The total value of all Prizes is $100,000. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Each Grand Prize Winner is responsible for all taxes and fees associated with Prize receipt and/or use and will be required to include their Taxpayer ID # on their Declaration so that a 1099 tax form may be submitted on their behalf. Limit: one (1) Prize per Small Business. Small Business owners/authorized representatives will be contacted via Sponsor or Administrator after they have been selected as Grand Prize Winners and they will have the opportunity to (but not an obligation to) participate in a video-taped, best of interview/award (“interview”) on a date and at a time specified by Sponsor. Participation in the interview has no bearing on receipt of Prize. By agreeing to participate in the interview, you acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use or not use interview footage (in whole or in part) in any way it sees fit without notification, further consent or payment of any kind.
GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion and in the event of cancellation, applicable Prizes will be awarded in a random drawing from among all eligible entries received prior to cancellation. Sponsor, Facebook, Twitter, Instagram, and their agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user's computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Nomination will not be deemed proof of receipt by Sponsor. If a court of competent jurisdiction deems any provision of these Official Rules invalid or unenforceable, such provision shall be enforced to the maximum extent permitted and the remaining provisions of the Official Rules shall remain in full force and effect.
WARNING: ANY ATTEMPT BY AN NOMINATOR, SMALL BUSINESS, OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR SOCIAL MEDIA PLATFORM ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the Prizes at random from among all eligible entries received prior to cancellation up to the time of the impairment.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in this Promotion, Nominators and Small Businesses agree that Sponsor, Facebook, Instagram, Twitter, and any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies (the "Released Parties") are not responsible for: (1) any incorrect or inaccurate information, whether caused by Nominators, Small Businesses, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry/nomination process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of Nominations/entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Nominator’s/Small Business’ participation in the Promotion or receipt or use or misuse of any Prize. BY PARTICIPATING IN THIS PROMOTION NOMINATORS AND WINNING SMALL BUSINESS’ OWNERS OR AUTHORIZED REPRESENTATIVES AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, NOMINATION, OR PARTICIPATION IN THIS PROMOTION/INTERVIEW PROCESS OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON INTELLECTUAL PROPERTY, PROPRIETARY RIGHTS, PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, PANDEMICS, EPIDEMICS, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
BY PARTICIPATING IN THIS PROMOTION AND/OR ACCEPTING A PRIZE, NOMINATORS AND WINNING SMALL BUSINESS’ OWNERS/AUTHORIZED REPRESENTATIVES AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH SITE.
PUBLICITY/RIGHTS IN RESPECT TO SUBMISSIONS. EXCEPT WHERE PROHIBITED BY LAW, ENTRANTS AND WINNING SMALL BUSINESS’ OWNERS/AUTHORIZED REPRESENTATIVES GRANT TO SPONSOR, ITS AFFILIATES, VENDORS AND AGENCIES (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR) THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE, IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE ENTRY, THE SUBMISSION, THE WINNING SMALL BUSINESS’ NAME AND TRADEMARKS, THE FACEBOOK USER NAME, TWITTER HANDLE AND INSTAGRAM USERNAME OF THE ENTRANT, THE WINNING SMALL BUSINESS AND THE OWNERS/AUTHORIZED REPRESENTATIVES OF THE WINNING SMALL BUSINESS AND ANY INDICIA OF IDENTITY OF THE ENTRANT AND THE WINNING SMALL BUSINESS’ OWNERS/AUTHORIZED REPRESENTATIVES, INCLUDING NAMES, IMAGES, PICTURES, VOICES, STATEMENTS, LIKENESSES, INTERVIEWS AND BIOGRAPHICAL INFORMATION FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF WINNING SMALL BUSINESS ON TELEVISION OR RADIO BROADCAST AND IN OTHER MEDIA) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. By participating in the Promotion, you, as entrant, agree that (a) you have read or had read to you these Official Rules and you understand them and are in agreement with them, (b) and (c) you grant to Sponsor the rights contemplated in the Official Rules. By submitting a Submission in connection with the Promotion you represent and warrant to Sponsor that (i) your Submission is your own original work, and that you have the sole right to submit it to the Promotion; (ii) your Submission does not violate in any way rights of third parties, including but not limited to copyright and other intellectual property, privacy or publicity / personality rights; (iii) your Submission does not violate any applicable laws; (iv) you have obtained all necessary licenses or permissions from all applicable third parties required for the production and submission of the Submission in the Promotion and use by Sponsor as contemplated in these Official Rules; (v) the posting, copying, modifying, reproduction, public performance and communication and/or display of your Submission or other use by Sponsor, or those deriving rights through Sponsor, will not violate the rights of any parties or otherwise breach any provision of any applicable law or regulation; (vi) Sponsor has your irrevocable permission for the posting of any and all information and content included in your Submission in connection with any permitted use of your Submission; and (vii) use, posting copying, modifying, reproduction, public performance and communication of the Submission or any part of the Submission provided by you in any manner in connection with the Promotion or as otherwise permitted by these Official Rules may be made without any notice, review, approval, consideration or compensation (except for any awarded prize to the Small Business associated with your entry as contemplated in these Official Rules), regardless of whether your Submission is a winning Submission. By submitting your Submission in connection with the Promotion, you agree to and thereby irrevocably waive any and all moral rights that exist in your Submission and any derivative works made therefrom. All entrants hereby grant to Sponsor an everlasting, royalty-free, assignable, irrevocable, unrestricted license to use, utilize, replicate, alter, adapt, modify, publish, perform, broadcast, or otherwise communicate to the public in any media, throughout the world, translate, produce derivative works from, distribute, present, display, sublicense and exercise all copyright and other intellectual property and other rights with respect to each Submission worldwide and/or to include, in part or in whole, each Submission in other works in any media now known or later created, anywhere and forever, including in connection with promoting Sponsor, without further review, notice, approval, consideration or compensation. Except where legally prohibited, by submitting your Submission you irrevocably agree that your name and city and state or jurisdiction of residence may be used in connection with the permitted use of the rights contemplated by this paragraph. Sponsor may, at its election, post Submissions on any of their social media sites or elsewhere, with or without attribution.
DISPUTES: Nominators and Winning Small Business owners/authorized representatives agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the State of Illinois; Nominators/Winning Small Business owners/authorized representatives submit to sole and exclusive personal jurisdiction to said courts in the State of Illinois any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) 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; and (c) under no circumstances will Nominators or winning Small Business and its owners/authorized representatives be permitted to obtain awards for and Nominators and winning Small Business and its owners/authorized representatives hereby waive all rights to claim 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. NOMINATORS AND WINNING SMALL BUSINESS OWNERS/AUTHORIZED REPRESENTATIVES HEREBY AGREE THAT NOMINATOR/WINNING SMALL BUSINESS WILL NOT BRING A CLASS ACTION OR PARTICIPATE IN A CLASS ACTION AGAINST SPONSOR WITH RESPECT TO THE PROMOTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION 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 Rules, or the rights and obligations of Nominators/Winning Small Business owners/authorized representatives in connection with this Promotion shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Illinois, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
WINNERS LIST: For a list of winners available for ninety (90) days after 6/15/21, send an email to: Winners@dja.com with WINNERS & 11-2747-02 as the subject line. Winners List will be sent after all prizes have been awarded.
SPONSOR/ADMINISTRATOR: The Sponsor of the Promotion is Groupon, Inc., 600 W. Chicago Ave. Ste. 400, Chicago, IL 60654. The Administrator of the Promotion is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.
Groupon® is a registered trademark of Groupon, Inc. Other company names mentioned herein are registered trademarks of their respective owners. Use of them does not imply any affiliation with or endorsement by them.
The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, or Instagram. You understand that you are providing your information to Groupon, Inc. and not to Facebook, Twitter or Instagram. The information you provide will only be used in connection with this Promotion or in connection with promotional other activities of Groupon, Inc.