NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW.
IF YOU DO NOT AGREE TO THE TERMS OF THESE OFFICIAL RULES, YOU MAY NOT ENTER THIS CONTEST (AS DEFINED BELOW). BY ENTERING THIS CONTEST, YOU ARE AGREEING TO THESE OFFICIAL RULES, WHICH CONSTITUTE A BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (AS DEFINED BELOW).
1. Eligibility: The “Go the Extra Mile with Gusto” contest (this "Contest") is open only to legal residents of any of the 50 states in the United States of America or the District of Columbia, who are at least eighteen (18) years of age at the time of entry into this Contest. Employees of ZenPayroll, Inc., dba Gusto (“Sponsor”) and its affiliates and subsidiaries, and members of their immediate families are not eligible for participation in this Contest. For purposes of this Contest, "immediate family" is defined as spouses, partners, parents, children, siblings and their respective spouses or partners, regardless of whether they reside in the same household. All federal, state and local laws, rules and regulations apply. Participation in this Contest constitutes the Entrant’s (as defined below) full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
2. Timing: This Contest begins on April 5, 2017 at 09:00:00 a.m. Pacific Standard Time ("PT") and ends on May 15, 2017 at 11:59:59 p.m. PT (the "Contest Period"). Sponsor is the official timekeeper for this Contest.
3. How to Enter: During the Contest Period, log into the Gleam contest widget on www.gusto.com/roadtrip using your email address or by logging into your Instagram, Twitter, Facebook, or YouTube account via Gleam, and fill in all mandatory fields of information, including but not limited to your full name, email address, company name, and company title. Logging into Gleam is free of charge. Once logged in, you may enter this Contest by using an Instagram or Twitter account (the “Social Media Platforms”) to submit Contest entries according to the instructions in Sections 3(a) and 3(b), respectively, or by mailing a Contest entry according to the instructions in Section 3(d) herein (each such entry, an “Entry,” and each person entering this Contest via an Entry, an “Entrant”). Creating an Instagram or Twitter account is free of charge. You may sign up for Twitter or Instagram on your mobile device through the Apple or Android app store or create an account online at https://twitter.com/signup?lang=en (for Twitter) or https://www.instagram.com/ (for Instagram). In order to use your Twitter or Instagram account to enter this Contest, you must ensure that your Twitter or Instagram accounts are made public.
4. Selection of Winners: On or about May 22, 2017, three (3) potential winning Entries (each, a “Potential Winning Entry”) will be selected by Sponsor from all eligible Entries received according to the Judgement Criteria (as defined below). Sponsor’s decision regarding this Contest shall be final and binding in all respects. An Entrant whose Entry is selected to be a Potential Winning Entry (each, a “Potential Winner”) will be notified via email on or around May 29, 2017 (the “Selection Email”). If the Potential Winner selected is an AMOE Entrant that did not provide an email address with the AMOE Entry, the Potential Winner will be notified by postal mail on or around May 29, 2017 (the “Selection Letter”) to the mailing address provided with the AMOE Entry.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THIS CONTEST. A POTENTIAL WINNER IS NOT A WINNER OF ANY PRIZE, EVEN IF THIS CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL SUCH POTENTIAL WINNER HAS BEEN VERIFIED PURSUANT TO SECTION 5 HEREOF AND SUCH POTENTIAL WINNER HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS COMPLETE, AT WHICH TIME SUCH POTENTIAL WINNER WILL BE DECLARED AN “OFFICIAL WINNER” OF THIS CONTEST.
5. Verification of Potential Winner: Being declared an Official Winner and receiving a Prize (as defined below) is contingent upon compliance with these Official Rules. In order to be declared an Official Winner of this Contest, a Potential Winner must meet all of the following criteria:
6. Contest Prompt: The Contest Prompt (the “Prompt”) for the “Go The Extra Mile” Contest, starting on April 5, 2017 and ending on May 15, 2017, is the following:
The Gusto Extra Mile Awards recognize small businesses of all kinds that go above and beyond for their team and community. For example, these small businesses may offer unique benefits, pay above market wage, and create extraordinary opportunities for the people around them.
Do you run or work for a business that goes the extra mile to take care of its employees and its community? Submit an original photo and caption to Instagram or Twitter telling us how the business you run or work for goes the extra mile, and include the tags #ExtraMileAward and @GustoHQ.
Entries that include any imagery or text that can be reasonably interpreted to be illegal, disparaging, or otherwise unsuitable for all audiences shall be disqualified by the Sponsor at its sole discretion.
7. Contest Judgement Criteria: Sponsor will select three (3) Potential Winning Entries based on whether and to what extent the Entry (a) appropriately responded to the Prompt; (b) accurately captures the spirit or values the company offers that go “the extra mile”; (c) was considered creative, memorable, impactful, or emotionally evocative; (d) explicitly stated company actions that exceed market standards; and (e) adequately explained how company actions positively affected or influenced company employees or the surrounding community (the “Judgment Criteria”). Sponsor’s decisions as to the selection of a Potential Winning Entry, according to the Judgement Criteria, are made in its sole discretion and are unappealable.
Potential Winning Entries and hence the Potential Winners are chosen at Sponsor’s sole discretion. As described above, Potential Winners are subject to the verification requirements in Section 5 hereof before they can be declared Official Winners of this Contest that are eligible to receive the Prize.
8. Prize Description: Each Official Winner selected and declared by Sponsor will win an “Extra Mile Award” Prize (the “Prize”) for his or her nominated company (the “Winning Company”). The Prize shall consist of:
One (1) charitable donation in the amount of $1,500 (the “Donation”) made by Sponsor to a tax-exempt, non-profit charity (a “Charity”) chosen by the Winning Company. Sponsor reserves the right to reject the Charity chosen by the Winning Company in its reasonable discretion and require the Winning Company to choose an alternate Charity (“Alternate Charity”). If Sponsor rejects the Winning Company’s proposed Charity and Alternate Charity, Sponsor will provide the Winning Company with a preselected list of charitable organizations from which the Winning Company shall choose a Charity to receive the Donation. Sponsor will deliver the Donation on behalf of the Winning Company to the the agreed upon Charity within thirty (30) days of determining the Charity that will receive the Donation. Sponsor will notify the Official Winner and the Charity within ten (10) business days of the Donation being delivered by Sponsor to the Charity.
One (1) “Extra Mile” Award or Trophy made out to the Winning Company and customized with the Winning Company’s business name and city (based on the location of the Winning Company’s office headquarters) for display purposes.
One (1) celebration package mailed to the Winning Company’s primary place of business. The celebration package, which may include promotional items and/or food, shall have a maximum retail value of $150.
The approximate retail value (“ARV”) of each Prize is $1,665.00.
All Prizes are non-transferable, and no substitutions or cash redemptions are allowed. Sponsor reserves the right to substitute a Prize for one of equal value if the designated Prize should become unavailable for any reason. OFFICIAL WINNER AND THE WINNING COMPANY ARE RESPONSIBLE FOR ALL TAXES AND FEES ASSOCIATED WITH PRIZE RECEIPT AND/OR USE. ARV of all Prizes awarded will not exceed $4,995.00.
All details and other restrictions of the Prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.
9. Release of Liability: BY PARTICIPATING, ENTRANTS AND OFFICIAL WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, AND ITS ADVERTISING AND CONTEST AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, OR PARTICIPATION IN THIS CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY, AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION.
10. Force Majeure: Sponsor is not responsible and not liable if this Contest cannot take place or if any Prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other similar events.
11. Representations and Warranties: By submitting an Entry or accepting any Prize, you represent and warrant the following: (a) all Entries submitted by you are your original creations; (b) none of your Entries have been copied in whole or in part from any other work; (c) your Entries do not violate or infringe any copyright, trademark, or other proprietary right of any person or entity, and you have all necessary licenses and permissions to submit the Entry for the purposes of this Contest and these Official Rules; (d) Sponsor will not be obligated to pay any compensation to, or permit any participation by, any third party in connection with the use, reproduction, modification, publication, display or other exploitation of any of your Entries; and (e) the Entries submitted by you do not contain any viruses, Trojan horses, worms or other disabling devices or harmful code.
12. Licenses & Publicity: By submitting an Entry, and to the extent permissible by law, you:
If your Entry contains any third-party intellectual property or third-party Information, Sponsor reserves the right to request proof from you of permission from the relevant third parties to use such third-party intellectual property and/or third-party Information in the Entry for the purposes of this Contest. Such proof must be in a form acceptable to Sponsor, and failure to provide such proof, if requested, may result in your disqualification from this Contest, at Sponsor’s sole discretion. While Sponsor reserves the rights listed above, Sponsor is not obligated to use your Entry for any purpose, even if it has been selected as a Potential Winning Entry and even if you have been declared an Official Winner. If you do not wish to grant Sponsor the rights in this Section 12, you may not enter this Contest.
13. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify this Contest, or any part of it, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the Entry process or the operation of this Contest or to be acting in violation of the Official Rules of this Contest or any other promotion in an unsportsmanlike or disruptive manner. Any attempt by any person or entity to deliberately undermine the legitimate operation of this Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
14. Limitation of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors, any of the equipment or programming associated with or utilized in this Contest, or any other cause; (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 process or this Contest; (4) technical or human error which may occur in the administration of this Contest or the processing of Entries; or (5) any injury or damage to persons or property resulting from participation in this Contest or receipt, use or misuse of any Prize.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTEST, INCLUDING ARISING OUT OF ACCESS TO AND/OR USE OF INSTAGRAM, TWITTER, AND/OR ANY SITES ASSOCIATED WITH THIS CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE 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 OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
15. Choice of Law: The parties waive all rights to trial in any action or proceeding instituted in connection with this Contest or these Official Rules. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Sponsor’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or this Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of San Francisco in the State of California. The parties agree not to raise the defense of forum non conveniens.
16. List of Official Winners: To obtain a list of Official Winners, send a self-addressed, stamped envelope by June 10, 2017 to the following address: GUSTO: ATTN: GO THE EXTRA MILE (WINNER'S LIST) – 500 3rd Street, Suite 405, San Francisco, CA 94107.