Promotions

Gusto Community Sweepstakes Official Rules

NO ENTRY FEE. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM, INCLUDING BUT NOT LIMITED TO, LINKEDIN, INSTAGRAM OR TIKTOK. By entering the sweepstakes identified in the Current Gusto Sweepstakes table below (“Sweepstakes”), You represent that You agree to these rules, (“Official Rules”). For the purposes of these Official Rules, “Sweepstakes Post” means the social media post published by Gusto that announces and initiates a specific Sweepstakes on the applicable social media platform(s) as specified in the Current Gusto Sweepstakes table below. In order to be considered for a prize, Entrants must fulfill all requirements set forth herein.

1. Sponsor and Administrator. Gusto, Inc., 525 20th Street, San Francisco, CA 94107 (“Gusto”), is both the official sponsor and administrator of this Sweepstakes.
2. Eligibility. The Sweepstakes 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, excluding residents of New York, Florida, Rhode Island, Puerto Rico. Any individual who submits an entry 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, active accounts on the social media platforms specified in the Current Gusto Sweepstakes table below, and a valid email address. Employees, officers and directors of Gusto or any Gusto partner associated with these Sweepstakes, and the immediate family or household members of any of the foregoing individuals, are not eligible to enter in the Sweepstakes. Sweepstakes is void where prohibited by law.
3. Sweepstakes Entry Periods. The Sweepstakes consists of the promotional period(s) specified in the Current Gusto Sweepstakes table below (each a “Promotional Period”). Each Promotional Period begins when the Sweepstakes Post is published by Gusto and ends as specified in the Current Gusto Sweepstakes table below. All Entries for each Promotional Period must be submitted by the end time of the respective Promotional Period to be eligible for the drawing associated with that period. Unless otherwise specified in the Current Gusto Sweepstakes table below, entries from one Promotional Period will not carry over to subsequent Promotional Periods.
4. How to Enter. The method(s) to enter the Sweepstakes are specified in the Current Gusto Sweepstakes table below (each an “Entry”). Entries must be submitted in direct response to the Sweepstakes Post as detailed in the Entry Method(s) section of the Current Gusto Sweepstakes table. Incomplete submissions will not be accepted or considered as an Entry. Entrants are under no obligation to purchase any products or 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.
5. 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 Sweepstakes. 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, social media handle, profile image, and all text, audio, video 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.
6. 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 Sweepstakes. 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 comply with the applicable social media platforms’ terms of service and community guidelines; (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.
7. Winner Selection. The number of winners specified in the Current Gusto Sweepstakes table below will be selected in a random drawing of all eligible Entries received during each Promotional Period (each a “Winner”). The random drawings will be conducted by Gusto or its designated representatives within approximately five (5) business days after the end of each Promotional Period. The odds of winning depend on the total number of eligible Entries received during each Promotional Period. To claim a Prize in this Sweepstakes, Entrants may be required to provide additional information including but not limited to full legal name, mailing address, email address, date of birth, and tax identification number. 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 an alternate Winner will be selected in a random drawing from among the remaining eligible Entries. Gusto’s decisions in all matters relating to this Sweepstakes will be final and binding. By entering You agree to accept the decisions of Gusto as final and binding as it relates to the Sweepstakes.
8. Prizes and Winner Notification. Each Winner will receive the prize specified in the Current Gusto Sweepstakes table below (the “Prize”), with the approximate retail value (“ARV”) as specified in the Current Gusto Sweepstakes table below. Limit: maximum of one (1) prize per Entrant across all Promotional Periods. No prize substitution will be permitted except by Gusto, who reserves the right to substitute a prize of equal or greater value if the advertised Prize becomes unavailable. 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 eligible Entries received during the applicable Promotional Period. Each Winner will be notified by Gusto via direct message on the platform where their winning Entry was submitted and/or email provided by Entrant. Winners must respond within five (5) business days and may be required to complete, sign, and return an Affidavit of Eligibility, Liability Release, and Publicity Release, as well as a W-9 tax form within ten (10) business days of notification. Failure to comply with these requirements or to return any required documents within the specified time period may result in disqualification and selection of an alternate winner. Gusto will have no liability for Winner’s failure to receive notices due to spam, junk email, private account settings 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 comply with the requirements to claim the prize, 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 Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations.
9. Taxes. Each Prize will be taxable to a Winner as income. All federal,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. As required by law, Gusto will issue an IRS Form 1099-MISC to each Winner for the calendar year in which the Prize is awarded if the Prize value exceeds $600. Winners must provide Gusto with a valid social security number or taxpayer identification number and must complete a W-9 form before the Prize can be awarded. Failure to provide accurate information on the W-9 form may result in penalties from the IRS. Please contact your own tax advisor for any questions concerning taxes.
10. Sweepstakes Compliance. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited or restricted by law. Gusto reserves the right to comply with any requirements imposed by applicable law, including but not limited to: (a) maintaining records of all entries received, including the date of entry and the entrant’s name, address, email address, and telephone number; (b) providing the names of all winners to any governmental agency that requests such information; (c) providing a copy of these Official Rules to any person who requests them; and (d) awarding prizes as described in these Official Rules or providing notice if any change to the prizes becomes necessary.
11. 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 Sweepstakes 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 Sweepstakes. 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 Sweepstakes 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 Sweepstakes.
12. 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 the social media platforms specified in the Current Gusto Sweepstakes table below, 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 Sweepstakes 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 Sweepstakes; and (v) electronic or human error in the administration of the Sweepstakes or the processing of Entries. BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES (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.
13. Personal Information. Gusto may collect personal data about entrants online, in accordance with its privacy notice and as may be more specifically set forth in these Official Rules. Please review Gusto's Privacy Notice, which can be found at http://gusto.com/legal/privacy.
14. Winners List. For the names of all Winners, send an email message to [email protected] with "Sweepstakes Winners [Sweepstakes Name, as found in the Current Gusto Sweepstakes table below]" as the email subject. Requests must be received within four (4) weeks of each Sweepstakes Promotional Period. The Winners list will be available after all Winners have been verified.
15. Disputes. This Sweepstakes 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 Sweepstakes, 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 Sweepstakes, shall be involved 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 resonable attorney's fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes). Entrant further waives all rights to have damages multiplied or increased.

Current Gusto Sweepstakes