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Community Contest Official Rules
NO ENTRY FEE. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH X.
By entering the Gusto Community Contest (“Contest”), You represent that You agree to these rules, (“Official Rules”). In order to be considered for a prize, Entrants must fulfill all requirements set forth herein.
- Sponsor and Administrator. Gusto, Inc., at the address above (“Gusto”), is both the official sponsor and administrator of this Contest.
- Eligibility. The Contest is open to those who are 18 years of age or older as of the date of Entry and who are legal residents of the United States. Any individual who publishes a social media post that meets the requirements of these Official Rules (each an “Entrant” or “You”) represents and warrants that they meet the eligibility requirements herein. Entrants must have internet access, an applicable social media account, and a valid email address. Employees, officers and directors of Gusto, and the immediate family or household members of any of the foregoing individuals, are not eligible to enter in the Contest. Contest is void where prohibited by law.
- Contest Entry Period. The Contest will begin on the date and at the time of (i) a post announcing the contest and applicable prompt on Gusto’s social media account(s) or (ii) an email announcing the contest and applicable prompt (“Contest Announcement”) and will end at 8:00PM PT on April 25, 2025. All Entries must be submitted by 7:59:59PM PT on April 25, 2025 in order to be considered.
- How to Enter. To enter, You must create a publicly viewable social media post on the platform indicated in the Contest Announcement which includes (i) a response to the prompt and (ii) the Gusto specific hashtag, both of which are provided in the Contest Announcement (each an “Entry”). Incomplete submissions will not be accepted or considered as an Entry. Entrants are under no obligation to purchase any insurance-related products or any other services of any kind from Gusto in order to participate or win. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Entry Restrictions and License Grant. All elements appearing in your Entry must be original, created by You, be in the public domain, or be an item to which You have the ability to grant Gusto a license to. Use of any other materials may result in disqualification. Gusto reserves the right to disqualify any Entry that violates the foregoing restrictions, as determined by Gusto in its sole discretion. Gusto reserves the right to request from Entrant at any time, proof that Entrant maintains all necessary rights in their Entry. Failure to provide such proof may result in, among other things, Entrant being disqualified from the Contest. Entrant hereby grants to Gusto a royalty free, irrevocable, perpetual, sub-licensable, non-exclusive right and license (“License”) to use Entrant’s Entry, including Entrant’s name and all text and materials included therein, in whole or in part, in any manner and on any media and through any means, without compensation to Entrant. Gusto will have the right, but no obligation, to use any Entries and all text included therein, in any advertising, marketing, promotion, or for any other commercial or non-commercial purpose and Entrant hereby releases Gusto from any liability with respect to such use.
- Content Guidelines. In addition to complying with all other requirements of these Official Rules, each Entry must comply with the following content guidelines (“Content Guidelines”). Any Entry that Gusto, in its sole discretion, deems to have violated the Content Guidelines, among other things, may be disqualified from the Contest. Each Entry: (a) must not contain inappropriate, sexually explicit, hateful, discriminatory, bigoted, harmful, pornographic, violent language or images or promote illegal activities; (b) must be truthful; (c) must not include information that is confidential, proprietary, or a trade secret of Entrant or of any third party; (d) must relate and be relevant to the Contest prompt shared in the Contest Announcement; (e) must not disparage any individual or entity; (f) must not contain brand names, trademarks, or logos of any third party; and (g) must not have been previously submitted in a promotion of any kind, or published or displayed publicly for any commercial use by any means and in any form or media.
- Contest Judging and Criteria. Each Entry will be judged and assigned points on a total scale of zero (0) to one hundred (100), by Gusto according to the following criteria: (i) compelling nature of response to the prompt provided by Gusto including creativity, uniqueness, and alignment with Gusto values (0-80 points), and (ii) strength of engagement on your post such as likes, comments, replies, reposts (0-20 points). The two (2) Entrants with the highest scores will be declared winners (each a “Winner”). To claim a Prize in this Contest, Entrants may be required to provide additional information for communication by Gusto. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY Gusto. If a Winner is deemed ineligible or subject to disqualification for any reason in accordance with these Official Rules, such Winner will be disqualified and the Entry that garnered the next highest score will be declared a Winner. Should the pool of Entrants be deemed ineligible or otherwise not in compliance with these Official Rules, Gusto may at its own discretion decide there are no Winners. Gusto’s decisions in all matters relating to this Contest will be final and binding. By entering You agree to accept the decisions of Gusto as final and binding as it relates to the Contest.
- Prizes and Winner Notification. Each Winner will receive a $2,500 Visa gift card (the “Prize”), with the approximate retail value (“ARV”) of each Prize being $2,500 (USD). The total ARV of all Prizes in a Contest Entry Period is $2,500. Limit: maximum of one (1) prize per Entrant. No cash or other prize substitution will be permitted. Entrant agrees that Winner is responsible for any associated tax liability on the prize received and all other obligations and expenses that are associated with the receipt and use of the Prize. The odds of winning a Prize depends upon the total number of Entries and the skill of each Entrant. Each Winner will be notified by Gusto via direct message and/or email provided by Entrant. Gusto will have no liability for Winner’s failure to receive notices due to spam, junk email, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, or fails to provide the requested information or claim the prize within 72 hours from the time award notification was sent, the prize may be forfeited and an alternate Winner may be selected. Gusto is not responsible for and will not replace any lost, stolen, or undeliverable prize. Receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations.
- Taxes. If applicable, to the extent redeemed, each Prize will be taxable to a Winner as income. All federal, provincial, territorial, state and local taxes and any other costs and expenses associated with the acceptance and/or use of the Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility. Winner is solely responsible for reporting and paying any and all applicable taxes. United States residents may have income reported to them on IRS Form 1099 as required under IRS rules and a copy of said form will be sent to the IRS. Please contact your own tax advisor for any questions concerning taxes.
- Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify the prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Contest should a virus, bug, non-authorized human intervention, fraud, or other cause(s) beyond Gusto’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such a case, Gusto may select Winner(s) from all eligible Entries received prior to and/or after (if appropriate) the action taken by Gusto. Gusto reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or violates these Official Rules. Gusto is not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, garbled, misdirected or undeliverable entries, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties or any technical hardware or software failures of any kind, which may limit a person’s ability to participate in the Contest.
- Indemnification and Limitation of Liability. By entering, You agree to indemnify, release and hold harmless Gusto and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors, as well as X, from any liability, losses, claims, or damages that may occur, directly or indirectly, whether caused by negligence or not, from: (i) Entrant’s participation in the Contest and/or the acceptance, possession, use, or misuse of any prize or portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cell phone, network, hardware, website, application, or software; (iii) the unavailability or inaccessibility of any internet services; (iv) unauthorized human intervention in any part of the Entry process or the Contest; and (v) electronic or human error in the administration of the Contest or the processing of Entries. BY ENTERING THE CONTEST, ENTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED IN PARTICIPATING IN THE CONTEST (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (II) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (III) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- Personal Information. Gusto may collect personal data about entrants online, in accordance with its privacy policies and as may be more specifically set forth in these Official Rules. Please review Gusto’s Privacy Policy, which can respectively be found at https://s.com/legal/privacy.
- Winners List. For the names of all Winners, send an email message to [email protected] with “Contest Winners” as the email subject. Requests must be received within four (4) weeks of the end of the Contest Entry Period. The Winners list will be available after all Winners have been verified.
- Disputes. This Contest is governed by the laws of the United States and the State of California, without respect to conflict of law doctrines. As a condition of participating in this Contest, Entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or related to this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any dispute, under no circumstances shall Entrant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest). Entrant further waives all rights to have damages multiplied or increased.