September 12, 2017 by Michael Chan
Subject to the additional restrictions below, the “Free Custom Website Giveaway” (“Sweepstakes”) is open to all legal residents of the United States who are eighteen (18) years of age or older as of the date of entry. For purposes of these Official Rules, all times are Eastern Standard Time (EST). Employees or agents of Invested Ventures, LLC. (“Invested Ventures”) and co-sponsors of the Sweepstakes (if any) and their respective affiliates, subsidiaries, advertising/promotional agencies, and the members of their immediate families (i.e. parents, children, siblings or spouse) or those persons living in the same household of such individuals are ineligible to enter or win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling the eligibility requirements set forth above and below.
Invested Ventures, LLC at 200 Village Center Drive #7225, Freehold, NJ 07728 and any co-sponsors shown on the dedicated Sweepstakes page at http://www.investedventures.com/free-custom-website-giveaway (collectively referred to hereafter as “Sponsor”).
3. Entry Period
The Sweepstakes will begin on November 1 2017 at 12:01 AM EST and end on November 30 2017 at 11:59 PM EST (the “Entry Period”). Sponsor’s computer is the official time keeping device for the Sweepstakes.
4. How To Enter
You may enter the Sweepstakes by following all onscreen instructions to complete and submit the online entry form on the dedicated Sweepstakes page. Only one entry per participant. No other methods of delivery will be accepted, including submission by email. ALL ENTRIES MUST BE SUBMITTED DURING THE ENTRY PERIOD. All entries become the exclusive property of Invested Ventures and will not be acknowledged or returned. Winner will be selected at random. By entering, you agree to the terms of these Official Rules and to receive newsletters via electronic mail from the Sponsor or those directed by Sponsor (see Section 12, Entrant’s Personal Information, below for more details). Invested Ventures is not responsible for incomplete, lost, damaged, forged, stolen, postage due, late, undeliverable, misdirected, illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software originating with Invested Ventures. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Invested Ventures in its sole and exclusive discretion, and Invested Ventures reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes.
5. Prizes & Approximate Value
A total prize value of approximately $1000 will be awarded to winner(s) selected at random. One Grand Prize is available, to be given away. The Grand Prize consists of: a total of 16 Hours of Billable Work that can be used towards Custom Website Design and Custom Website Implementation with an approximate value (“AV”) of $800.00, One Year of Website Hosting and Backup Services provided by Invested Ventures with an AV of $180.00, One Year of Domain Registration with an AV of $20.00.
The winner(s) upon accepting the prize(s) agree to the following conditions: (1) The sixteen (16) hours of Billable Work is applicable only to the initial project implementation. After the initial website implementation and go-live, any unused Billable Hours are forfeited and cannot be used for future projects and carry no monetary value. (2) The Custom Website Design, Custom Website Development Source Code, and Domain Name rights are owned exclusively by Invested Ventures, LLC and licensed to the winner of the sweepstakes. The winner may provide Invested Ventures with website content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content stays yours. These Terms don’t give us any rights to User Content, except for the limited rights that enable us to provide the website services. (3) The winner will not have any access to the website server where their custom website is hosted. The sponsor, Invested Ventures, may choose to provide the winner with limited access to the administrative backend of the website’s Content Management System. (4) The duration of the Free Website Services provided by the sweepstakes prize(s) is exactly one year: the Start Date is the date when both of the following conditions are satisfied (1) winner accepts the prize and (2) completes and returns all required documentation; the End Date is 365 days after the Start Date. After the one year service term, Invested Ventures has the right to suspend and/or end all services related to the Sweepstakes prize(s), including without limitation to Website Hosting, Domain Name Registration, and Custom Website Source Code.
No substitution, cash redemption or transfer of the right to receive the prize is permitted. Sponsor has the right to substitute the prize with a prize or prizes of equal or greater value selected by Sponsor in its discretion. The prize consists only of the item(s) expressly specified in these Official Rules. Invested Ventures’ decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. The potential winner will be notified immediately via email (using the e-mail address provided by the potential winner). The award of prizes exceeding a retail value of $600 is subject to applicable withholding requirements and the winner will receive an IRS Form 1099 reflecting the actual final retail value of the prize. Where permitted by law, the potential winner will be required to sign and return to Sponsor(s), within seven (7) business days of the date the notice is sent, an affidavit of eligibility, website development and services agreement, release of liability/publicity, and any other documentation provided by Sponsor in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights/agreements set forth in these Official Rules in order to claim their prize. If a potential winner cannot be contacted or fails to sign and return the affidavit of eligibility, website development and services agreement, liability/publicity release, and any other documents provided by Sponsor within the required time period, the potential winner forfeits the prize, unless prohibited by law. The potential winner may also in Sponsor’s discretion be required to complete and return an IRS Form W-9 within seven (7) business days of the date the notice is sent. Receipt of a prize by a potential winner is contingent upon fulfilling all requirements described above and below. The winners must continue to comply with all terms and conditions of these Official Rules after prize notification. In the event that a potential winner is disqualified for any reason, Invested Ventures will award the applicable prize to an alternate winner by random drawing held by Sponsor from among all remaining eligible entries received during the Entry Period.
The odds of winning a prize are equal to the number of Sweepstakes prizes divided by the total number of entries to the Sweepstakes.
7. Release and Indemnification
By entering the Sweepstakes, entrants release any and all rights to bring any claim, action or proceeding against Sponsor(s) (including Invested Ventures, LLC) and Facebook and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers and their respective parent companies and such companies’ officers, directors, employees and agents (collectively, the “Released Parties”), and further covenant not to sue any Released Parties and hereby acknowledge that none of the Released Parties have made or is in any manner responsible or liable for any third party claims, warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the prizes. By participating in the Sweepstakes and/or accepting any prize that may be awarded, entrants agree to fully indemnify each Released Party from any and all such claims by third parties without limitation.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THERE LEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between you and the Released Parties. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
Entrants agree that Invested Ventures, Facebook, and any other Released Parties shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Sweepstakes or any Sweepstakes-related activity (including any travel or events related to prizes awarded). Invested Ventures, Facebook, and any other Released Parties assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing or participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. In the event Invested Ventures is prevented from continuing with the Sweepstakes (or awarding any prize) as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Invested Ventures’ control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Invested Ventures shall have the right to modify, suspend, or terminate the Sweepstakes.
Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s custom build website (sweepstakes prize), name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes, in any and all media worldwide, for any purpose and without further payment or consideration, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with Sweepstakes or other promotions, and hereby releases Invested Ventures from any liability with respect thereto, unless prohibited by law.
By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Invested Ventures. If the potential winner declines the prize, fails to claim the prize, is unavailable for prize fulfillment, fails to abide by the Official Rules, or is ineligible, Invested Ventures may randomly select an alternate winner from all remaining eligible entries. Invested Ventures reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by Invested Ventures. Invested Ventures is not responsible for any non-intentional, incorrect or inaccurate information associated with this Sweepstakes or for any technical or human error that may occur in the administration of this Sweepstakes. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering or other causes which corrupts or impairs the administration, security, fairness or proper operation of the Sweepstakes, Invested Ventures reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Invested Ventures reserves the right to award prizes based on the entries received before the termination date. The winner releases Sponsor and their affiliated companies from any claims, costs, expenses or liability incurred by winner in connection with this Sweepstakes or winner’s acceptance and use of the prize, including any travel related thereto. Invested Ventures’ failure to enforce any of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Invested Ventures, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Invested Ventures reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND INVESTED VENTURES RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved in accordance with the dispute resolution procedures set forth in our Terms of Service http://www.investedventures.com/terms-of-service/. Please review carefully as those procedures require binding arbitration (in most instances) and waive any class action rights. You acknowledge and agree that those procedures provide your sole and exclusive avenue for resolving disputes related to the Sweepstakes.
12. Entrant’s Personal Information
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 such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
14. Winner List
For a copy of the name of the winner(s), available after 11:59 PM EST on 11/30/17 + 1 month, or a copy of these Official Rules, send a self-addressed, stamped envelope to, Invested Ventures, LLC, Attn: “Winner List/Official Rules”, 200 Village Center Drive #7225, Freehold, NJ 07728.
15. Facebook Disclosures
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.