Official Program Rules and Regulations (“Official Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Chances of winning depend on the total number of eligible entries received and the judges’ decisions.
Infusion Software, Inc., d/b/a Keap, with an address of 1260 S. Spectrum Boulevard, Chandler, AZ 85286 (the “Sponsor”). Attention: Level Up Contest/Keap Marketing.
Keap’s Level Up Contest (the “Program”) is open to all small business owners who are residents of any country except that the following territories are excluded - US Territories (such as Guam and Puerto Rico), Brazil, Italy, Quebec (residents of the rest of Canada are eligible), South Africa, Switzerland or Vietnam (the “Excluded Territories”, all such other countries collectively referred to as the “Eligible Territories”), and who at the time of entry are associated with (in line with the eligibility criteria set out below) an eligible for-profit entrepreneur that:
- is domiciled in any of the Eligible Territories; and
- has been in continuous operation selling a product or service for not fewer than twelve (12) months as of May 1, 2022; and
- is currently active, lawful and has all necessary and required licenses and registrations to carry on its business;
- has no more than ten (10) employees (sole proprietors are considered as an employee and part-time employees are included); and
- is not under bankruptcy protection or has judicial liens or attachments (and is not subject to equivalent insolvency procedures in its country of domicile),
each an eligible “entrepreneur”.
Each individual who enters the Program (“Entrant”) must also meet all of the following criteria:
- must be at least eighteen (18) years of age (or the age of majority in their jurisdiction of residence if different) at the time of Entry (as defined below); and
- must be the independent owner or operator of an eligible entrepreneur and an authorized agent of that entrepreneur
each an eligible “Entrant”.
You are eligible to enter if you meet all the above criteria.
Each Entrant who wins will designate to Keap their eligible Keap Partner who will win a Keap Partner Prize, each such Keap Partner is also an “Entrant”.
To be eligible, the Keap Partner must be a Partner in good standing with Keap, must be able to provide evidence that they have sold the application or provided partner services to the Entrant within the last twelve (12) months.
Sponsor shall determine, in its sole discretion, whether an Entrant and/or entrepreneur meets the eligibility criteria to participate in the Program. Sponsor’s decisions regarding eligibility and all other aspects of the Program are final and binding.
Any individuals (including, but not limited to, employees, consultants, independent contractors and interns) who have, within the past six (6) months, held employment with or performed services for Sponsor or who are contest judges for this Program, are not eligible to enter or win any prizes. Immediate family members (parent, child, sibling, spouse of each) and those living in the same household of any of the foregoing for three (3) months or more a year are also not eligible to enter or win any prizes.
By entering the Program, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Program. This Program is void in the Excluded Territories, and where prohibited or restricted by law, and subject to all applicable federal, state, local and municipal laws and regulations.
The entry period begins on May 23, 2022 at 12:00 AM Mountain Standard Time (MST) and ends June 30, 2022 at 11:59 PM MST (“Program Period”).
The winners will be selected only from Entries submitted in the Program Period. Any Entries that have not been received by the Sponsor in the Program Period shall not be considered.
There will be a total of six (6) prizes (“Prizes”) awarded to three (3) winning Entrants and three (3) Keap partners (each a “Winner” and collectively the “Winners”). Each Winner will receive a prize as follows:
- 1st Place Winner - $1500
- 2nd Place Winner - $750
- 3rd Place Winner - $500
Each eligible Keap Partner will receive a prize if an Entrant names them in a written communication to Keap as their Keap Partner. The Keap Partners’ prize will be equal to the prize awarded to their customer who is a winning Entrant.
The ranking of Winners shall be determined during the Voting Period as described below in How to Win. Prize money will be awarded in the form of a check.
Sponsor reserves the right to deduct any bank transfer fees, currency exchange fees or taxes that may be payable from the amounts of the Prizes before they are received by the Winners.
How to Enter:
To participate in the Program, eligible Entrants are required to visit the Program website located at https://keap.com/level-up-contest (the “Program Site”) and submit an entry as described fully below (the “Entry” ) during the Program Period. Entrants’ internet operator standard data or communication charges shall apply for access to the internet. Entrants will be required to provide responses to the following in each Entry:
- Video submission of name and business name
- Video submission of “Level Up” moment - a moment when you crossed a boundary that takes your business to a higher level of success.
- Text submission of email
- Text submission of social media handles
A maximum of one (1) entry is allowed per person. If an email address is used for entry more than one (1) time, then only the first (1st) entry is a valid entry. For the avoidance of doubt, each Entry must include all of the above information to be considered valid, and any incomplete Entry will be invalid. Any Entry which is not received by the Sponsor within the Program Period shall also be considered invalid. Any invalid Entries will not be automatically disqualified by Sponsor. Keap Partners are not eligible to enter and win this Contest except for the potential to be awarded a Keap Partner Prize.
Entrants agree that all Entries become the property of the Sponsor and will not be acknowledged or returned.
The return of any notification as undeliverable, or failure to respond to notices or return the required documents as listed in such notices in a timely manner, or a determination that a potential winner is ineligible or not in compliance with these Official Rules, as determined by the Sponsor, may result in disqualification of the winner and forfeiture of the corresponding Prize.
How to Win:
All eligible Entries will be judged to determine three (3) winners; first, second and third place.
Judging to select the Finalists will take place between July 1, 2022 and July 10, 2022 (“Judging Period”). During the Judging Period, all eligible Entries will be judged by a panel of judges (“Judging Panel”, each a “Judge”) according to the below criteria.
Judging Criteria for Finalists (each of the below weighted equally):
- Clear, compelling and engaging video message
- Theme (e.g. connection and relevance to “Level Up” moments)
- Persuasiveness of the Entry
- Impactfulness and uniqueness of your Level Up Moment
The three (3) Entries that receive the highest scores in each category based on the above criteria shall be selected as winners, in order from first to third place.The decision of the Judging Panel shall be final.
The Judging Panel shall include at least one independent member. A list of the Judges shall be available to anyone who sends an e-mail to the Sponsor within ninety (90) day period following the expiry of the Judging Period requesting details of the Judges. The Sponsor’s e-mail address for the purposes of this Contest is: [email protected].
The Entrants that have been selected by the Judging Panel as Winners will be notified via e-mail using the contact information provided in the Submission Materials on July 15, 2022 (“Winner Notification”). Notification shall be deemed to have occurred immediately upon sending of the Winner Notification by Sponsor.
How to claim a Prize:
The Finalists will be required to respond to the Winner Notification by no later than July 29, 2022 and accept their prize.
BEFORE BEING DECLARED A CONFIRMED WINNER, a selected Entrant must be in compliance with these Official Rules and may be required to sign and return within fourteen (14) days of notification or prior to July 29, 2022, affidavits of eligibility, tax acknowledgement forms, and any other documentation that Sponsor may require ("Winner Documents").
THE WINNER OF ANY PRIZE IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE. The Prize must be accepted as awarded (with no substitutions), and may not be sold or transferred.
Subject to the terms of these Official Rules, Winners will be provided with the Prize within 45 days of the end of the Program Period.
Sponsor reserves the right, in its sole discretion, to disqualify any Entrant at any time that it finds to be tampering with the entry process; to be acting in violation of these Official Rules; to be attempting to circumvent these Official Rules or to disrupt or undermine the Program; or to be acting in an inappropriate or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
In addition, Sponsor reserves the right, in its sole discretion, to reject and/or disqualify any Entries at any time that Sponsor deems to be hate‐related, and/or material advocating discrimination against individuals or groups; related to violence of any kind; obscene, profane, disparaging, defamatory, malicious, unlawful or otherwise objectionable material, including pornographic or illicitly pornographic sexual products, adult magazines, video and software, escort services, dating services, adult "swinger" material, or anything which exploits of minors; advocating or advancing criminal hacking, cracking, or phishing; promoting unlawful software and malicious code, (such as viruses, worms, time bombs, Trojan horses and other harmful or malicious files, scripts, agents or programs), or corrupted files, hoaxes, or any other items of a destructive or deceptive nature; a violation or encouragement of conduct that would violate any applicable laws, including any criminal laws, or any third‐party rights, including intellectual property, publicity or privacy rights; debt collections, credit repair and debt relief offerings stock picks or promotions "get rich quick" and other similar offers; cryptocurrency sales and promotions or material related to "Mining" bitcoins and other cryptocurrencies; or related to pyramid schemes or network marketing (i.e. MLM) businesses, odds making and betting/gambling services, including but not limited online casino games, and sporting events. Should Sponsor determine, in its sole discretion, that any Finalist / Winner has violated any of the prohibitions contained in these Official Rules or should be disqualified for any other reason, Sponsor shall have no obligation to provide a Prize to such Finalist / Winner.
Sponsor, its agents and representatives are not responsible for and shall not be liable for: (a) electronic hardware or software program, network or computer malfunctions, failure or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any lost, delayed, misdirected, illegible, incomplete or undeliverable Entries, or any delay or failure to transmit, process, receive or consider Entries; (d) any participation in, or inability to participate in the Program; (e) any injury or damage to persons or property caused directly or indirectly from participation in the Program; (f) receipt, use or redemption of any Prize, or inability to receive, use or redeem any Prize; or (g) any condition caused by events beyond the control of Sponsor that jeopardize the administration, fairness security or proper conduct of the Program.
YOU AGREE TO RELEASE, DISCHARGE, AND HOLD HARMLESS SPONSOR, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ASSIGNS FROM AND AGAINST ANY OR ALL CLAIMS, LOSSES, INJURIES, OR DAMAGES RESULTING FROM PARTICIPATION IN THE CONTEST.
Sponsor reserves the right, in their sole discretion and determination of fairness, and as permitted by applicable law, to cancel, terminate, modify or suspend this Program if Sponsor cannot run the Program as planned or intended. If that occurs, Sponsor may (as permitted by applicable laws) select winners from eligible Entries received prior to such event or interruption or award no Prizes. Sponsor may disqualify any Entrant who tampers with the entry process or operation of this Program or who violates these Official Rules. All federal, state, and local laws and regulations apply.
Privacy and Publicity:
By participating in the Program, Entrant grants to Sponsor an assignable, royalty-free and irrevocable right and license to use the Entrant’s name, photograph, voice, and or likeness, to edit or otherwise use all materials submitted by Entrant in connection with the Program and waives all moral rights, in and to all materials submitted by Entrant to which Entrant may now or in future be entitled under the UK Copyright, Designs and Patents Act 1988, in whole or in part, for any purpose and in any manner or media (including, without limitation, the Internet) now known or hereafter devised, throughout the world in perpetuity without further authorization or compensation, for promotional purposes in any media carried out by Sponsor or any related entities, except where prohibited by law.
BY SUBMITTING SUBMISSION MATERIALS, ENTRANTS EACH ACKNOWLEDGE THAT THE SUBMISSION MATERIALS, THEIR NAME, PHOTOGRAPH, VOICE AND OR LIKENESS AND ANY OTHER MATERIALS SUBMITTED IN CONNECTION WITH THIS PROGRAM, MAY BE POSTED ON THE SPONSOR’S WEBSITE, IN SPONSOR'S SOLE DISCRETION. Sponsor reserves the right to edit the Submission Materials and other materials prior to posting them to the website in its sole discretion.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any contestant and Sponsor, shall be governed by, and construed in accordance with the laws of the State of Arizona. This choice of law does not deprive Entrants of the protection afforded to them under their own laws and such provisions that cannot be derogated from by agreement by virtue of the law of the Entrant’s own jurisdiction. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
Any specific waiver of any obligation hereunder by Sponsor does not constitute a general waiver of that obligation nor of any other obligation of Entrant.
Entrants within the UK:
Any dispute concerning this Program shall be resolved by one of the following methods (to be determined and elected by the Entrant at their discretion): (a) any court sitting in Maricopa County, Arizona except that this choice of venue does not deprive Entrants of the protection afforded to them under their own laws and such provisions that cannot be derogated from by agreement by virtue of the law of the Entrant’s jurisdiction; or (b) submitted to binding arbitration in Maricopa County, Arizona within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Official Rules shall be joined to any other arbitration initiated pursuant to these Official Rules.
All other Entrants:
Any dispute concerning this Program shall submitted to binding arbitration in Maricopa County, Arizona within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Official Rules shall be joined to any other arbitration initiated pursuant to these Official Rules.
Request for Name of Winner:
A winner’s list (containing surnames and counties/cities of winners only) is available only for the ninety (90) day period following the Winner Announcement. To obtain a winner’s list, please send an e-mail with the subject “Level Up Contest Winners List” to [email protected]. If you object to any or all of your surname, county and winning Entry being published or made available, please contact the Sponsor by e-mail to [email protected]. In such circumstances, the Sponsor may still be required to provide this information to a regulator on request (including the Advertising Standards Authority in the UK).