NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The “$1M Black Friday Fund” Sweepstakes (the “Sweepstakes”) is sponsored by AppSumo ("Sponsor").
THE SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
“The $1M Black Friday Fund” Sweepstakes (the “Sweepstakes”) is sponsored by AppSumo (the “Sponsor”) and administered by Marden-Kane Inc. (the “Administrator”). For the purposes of the Sweepstakes, the “Sweepstakes Group” is composed of the Sponsor and the Administrator, together with their affiliates and related companies, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Sweepstakes, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Sweepstakes and their respective officers, directors, employees, agents, and other representatives.
1. SWEEPSTAKES PERIOD The Sweepstakes starts on September 15th, 2021 at 10:01:00 a.m. Central Time (“CT”) and ends on November 17, 2021 at 11:59:59 p.m. CT (the “Sweepstakes Period”).
2. ELIGIBILITY All Entrants must be a current (based on Sweepstakes Period as stated in section 1 above) AppSumo Partner, and an authorized representative of the AppSumo Partner (the “Entrant”). Persons identified as “Blocked Persons” or persons subject to applicable sanctions, prohibitions, including, without limitation, those persons listed on the U.S. Department of Treasury Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List are not eligible to participate in the Sweepstakes. All applicable federal, state and local laws and regulations apply. Void where prohibited, restricted or where Sweepstakes Group would be subject to a tax by law. Excluded from eligibility are officers, directors, employees, agents and representatives of Sweepstakes Group, each of its respective parent, affiliated or related companies, agencies, suppliers of the materials and services related to this Sweepstakes, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and sales representatives (collectively above, the “Eligibility Criteria”).
NOTICE TO ALL INTERNATIONAL ENTRANTS: As stated above, it is your responsibility to comply with the Sweepstakes laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding Sweepstakes that may prevent Sponsor from awarding you your Prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize from Sponsor. By entering this Sweepstakes, you acknowledge the risks, and understand that you may win, but not be able to receive a Prize.
3. HOW TO ENTER. NO PURCHASE NECESSARY. Eligible Partners that have an active (live) digital product in the AppSumo store, during the Sweepstakes Period, and have opted in to the Sweepstakes in their client portal will automatically earn one (1) entry into the Sweepstakes.
4. DRAWING On or about November 19, 2021 (the “Draw Date”) a random draw will be conducted by Sponsor, from all eligible Entries that are timely received in accordance with Section 3 to select ten (10) Potential Winners. See Prize Claim Conditions in Rule 6 below. Odds of being selected as eligible to win a Prize in this Sweepstakes will depend on the total number of eligible Entries timely received in accordance with Section 3.
5. PRIZE CLAIM CONDITIONS Entrants selected as a potential winner (“Potential Winner”) are subject to verification of eligibility and compliance with these Official Sweepstakes Rules. Each Potential Winner will be notified by Sweepstakes Group within approximately eight (8) hours of the Draw Date at the email account provided during the entry process
Potential Winners: in order to be eligible to be determined a Winner may be required to:
(i) complete and return to Sweepstakes Group (or its authorized agent) by the deadline specified in the documents a written affidavit of eligibility (or declaration and release) and publicity release form (collectively, the “Release”), releasing the Sweepstakes Group from any liability in connection with this Sweepstakes or the acceptance, possession, use or misuse of any Prize;
(ii) complete all tax documentation required by the law of the jurisdiction in which the Potential Winner resides (“Tax Documentation”). Documents to be completed in the name of the business and include the company FEIN#.
The Sweepstakes Group will attempt to notify each Potential Winner a maximum of two times. If a Potential Winner does not respond within two (2) calendar days of first attempt by Sweepstakes Group or its agent, Sweepstakes Group will make a second and final attempt to notify the Potential Winner. Return of any Prize or winner notification as undeliverable, inability to reach a Potential Winner or failure of a Potential Winner to respond to notification within two (2) calendar days of second attempt by Sweepstakes Group or its agent, failure to provide proof of eligibility (if requested), Release documents, Tax Documentation or other required documentation in a timely manner, or other non-compliance with these Official Sweepstakes Rules may result in disqualification, forfeiture of the Prize and, at Sweepstakes Group’s sole discretion, selection of an alternate eligible entrant for the forfeited Prize at random from all remaining eligible Entries received, who will be subject to disqualification in the same manner.
6. PRIZES: Ten (10) winners will each receive $10,000usd in the form of a check made payable to the winning Partner(s) company.
Total estimated retail value of all prizes: $100,000usd.
No one entrant can win more than one prize.
Winning companies are solely responsible for all taxes, VAT, and surcharges imposed by any authority with jurisdiction in compliance with applicable law and regulations.
SPONSOR WILL NOT BE LIABLE TO MAKE ANY PAYMENT IN ADDITION TO THE PRIZE AMOUNT SET FORTH IN THESE OFFICIAL RULES
Prizes must be accepted as awarded and may not be substituted or transferred. Winner companies will be responsible for all taxes (federal, state, and local of all applicable jurisdictions) and all expenses not listed herein related to acceptance and use of Prize. Winner will receive an IRS form 1099 after the end of the calendar year in which the prizes was awarded, and copy of such form will be filed with the Internal Revenue Service (IRS), or such other tax form as may be required by the laws of the jurisdiction in which the winner resides.
Prize winners assume all responsibility for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of a prize. By accepting a Prize, the Prize winner shall release the Sweepstakes Group from all liability and responsibility for use of the prize.
COUNTRY SPECIFIC NOTICES: If any provision of these rules is invalid under the law, rules or regulations of a particular country, it will only apply to the extent permitted. In addition to the tax liability disclosures in these Official Rules, Sweepstakes Winners are subject to abide by the income reporting and, if applicable, the payment of any taxes due per the laws, rules and regulations of the Winner’s country of residence. By entering the Sweepstakes, Entrants hereby expressly agree and accept that for all that is related to the interpretation, performance and enforcement of these Official Rules, each of them expressly submit themselves to the laws of the United States of America and to the jurisdiction of the competent courts in the State of Texas, United States of America, expressly waiving to any other jurisdiction that could correspond to them by virtue of their present or future domicile or by virtue of any other cause.
GOVERNING LAW/JURISDICTION: Unless the laws relevant for the domicile of the Entrant provide otherwise, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of Texas, United States.
7. PERSONAL INFORMATION Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstakes for the purposes of administering the Sweepstakes and prize fulfillment. By entering this Sweepstakes, entrants consent to such collection, use, and disclosure of your personal information.
By accepting a Prize, each winner agrees to Sweepstakes Group’s use of his/her name, city/state/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sweepstakes Group may conduct relating to the Sweepstakes in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law. Aggregate and anonymized Sweepstakes winner information may be used by the Sweepstakes Group to communicate about the Sweepstakes to its retailers and distributors.
8. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY Sweepstakes Group reserves the right to suspend or modify this Sweepstakes, or these Official Sweepstakes Rules, in whole or in part, at any time and without notice or obligation if, in Sweepstakes Group’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Sweepstakes Rules. Without limiting the generality of the foregoing, if the Sweepstakes, or any part thereof, is not capable of running as planned for any legitimate reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sweepstakes Group, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sweepstakes Group may, in its sole discretion, void any suspect Entries and: (a) terminate the Sweepstakes, or any portion thereof; (b) modify or suspend the Sweepstakes, or any portion thereof, to address the impairment and then resume the Sweepstakes, or relevant portion, in a manner that best conforms to the spirit of these Official Sweepstakes Rules; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
9. GENERAL CONDITIONS Winning a Prize is contingent on fulfilling all the requirements set forth herein. All Entries become the property of Sweepstakes Group, where permitted and in any event none will be returned or acknowledged. Mass Entries, automated Entries, Entries submitted by third parties, and any Entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All Entries and prize claims are subject to verification. Proof of Entry submission does not constitute proof of receipt. Entrants agree to abide by these Official Sweepstakes Rules. Decisions of Sweepstakes Group will be final and binding on all matters pertaining to this Sweepstakes. Sweepstakes is subject to all applicable federal, state, and local laws, of all applicable jurisdictions. Sweepstakes Group reserves the right to correct any typographical, printing, computer programming or operator errors. Sweepstakes Group’s failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Sweepstakes Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Sweepstakes Rules is determined to be invalid or otherwise unenforceable, then the Official Sweepstakes Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sweepstakes Group his/her prize, or the cash value thereof. Sweepstakes Group reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Sweepstakes and/or Sweepstakes websites or apps, violates the Official Sweepstakes Rules, Sponsor’s Terms of Service, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS Sweepstakes OR UNDERMINE THE LEGITIMATE OPERATION OF THE Sweepstakes IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND Sweepstakes GROUP RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
10. LIMITATIONS OF LIABILITY AND RELEASES BY PARTICIPATING IN THIS Sweepstakes, ENTRANTS AGREE THAT Sweepstakes GROUP HAS NO LIABILITY WHATSOEVER FOR, AND ENTRANTS SHALL HOLD THE Sweepstakes GROUP HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM (A) ENTRY OR PARTICIPATION IN THIS Sweepstakes, INCLUDING ACCESS TO AND USE OF THE Sweepstakes WEBSITES, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. Sweepstakes GROUP IS NOT RESPONSIBLE FOR ANY UNDELIVERED E-MAILS, INCLUDING WITHOUT LIMITATION E-MAILS THAT ARE NOT RECEIVED BECAUSE OF A WINNER’S PRIVACY OR SPAM FILTER SETTINGS WHICH MAY DIVERT ANY NOTIFICATION OR OTHER E-MAIL, INCLUDING ANY WINNER NOTIFICATION E-MAIL, TO A SPAM OR JUNK FOLDER. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you, please see Rule 12 below.
Without limiting the foregoing, but subject to Rule 12 below, the Sweepstakes Group and any of Sponsor’s other agencies, suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Sweepstakes website users, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of submissions in the Sweepstakes; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, Entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Sweepstakes Group for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Sweepstakes; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
11. DISPUTE RESOLUTION Except where prohibited, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Texas; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE RESTRICTIONS IN THE EVENT OF DISPUTE OR LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules, or the rights and obligations of you and the Sweepstakes Group in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
12. OFFICIAL SWEEPSTAKES RULES AND WINNERS LIST Official Rules will be posted on AppSumo.com as of September 15, 2021 and will remain posted until November 17, 2021.
13. SPONSOR AppSumo, 1645 e 6th Street #125, Austin, TX 78702
14. ADMINISTRATOR Marden-Kane Inc., 575 Underhill Blvd. Suite 222, Syosset, NY 11791
©2021. Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.