ThriveCart Sweepstakes/Drawing Terms and Conditions
ABBREVIATED:
This contest starts on April 23, 2024 at 0:00 am and ends on April 30, 2024 at 11:59 pm (all times are U.S. Central Time). Draw: May 15, 9:00 am CST at Promoter’s premises in the United States. No purchase necessary to enter. Entry is open to anyone, excluding those of the State of Rhode Island, aged 18 years and over. Void where prohibited or otherwise restricted by law. To enter: (i) purchase a ThriveCart Pro or ConvertBox Pro license during the Promotional Period or (ii) email growth@thrivecart.com to request a form to be submitted in manner required. Winners will be notified within [seven (7)] days of draw. Multiple entries are permitted, subject to the Rules of Entry. Total Prize Pool: $2,900. The Prize is not transferable [or redeemable for cash]. By entering entrants acknowledge and agree to these Terms and Conditions and Promoter’s Privacy Policy and that the Promoter may also collect their Personal Information to enable it to provide the entrant with Promoter’s own, or any of its third-party partners’, marketing materials by mail, telephone & electronic messages. Personal Information will be stored by Promoter. Failure to provide Personal Information may result in Promoter being unable to enter entrant into promotion, and provide certain content, products or services. Promoter’s Privacy Policy at https://legal.thrivecart.com/platform/privacy/ info on: (i) how Promoter may collect, process or share entrants’ Personal Information; (ii) how entrants can access & correct Personal Information; & (iii) Promoter’s complaint process. Promoter: ThriveCart LLC, 251 Little Falls Dr, Wilmington, DE 19808-1674, USA. For more detail see complete Official Rules below.
THRIVECART PROMOTION OFFICIAL RULES
PROMOTION OVERVIEW
PROMOTION NAME: ThriveCart Affiliate Sweepstakes
PROMOTER: ThriveCart LLC.
ELIGIBILITY:
Residents of
- United States (the 50 United States, including the District of Columbia)
- Residents of RHODE ISLAND are explicitly excluded.
- OTHER TERRITORIES
aged 18 years and over. Void elsewhere prohibited or otherwise restricted by law.
PROMOTIONAL PERIOD:
START DATE: April 23, 2024 at 0:00 am, CST.
END DATE: April 30, 2024 at 11:59 pm CST.
IMPORTANT DATES:
DRAW DATE: May 15 at 9:00 am, CST.
PUBLICATION DATE: May 15 at 5:00 pm, CST.
PRIZE AND APPROX. RETAIL VALUE (“ARV”):
Three 3 Prizes will be awarded in this Sweepstakes. Prize will consist of retail products made available by us or our commercial partners (“Partners”) for values ranging from $499 to $1,599, as advertised at time of entry (each a “Prize”); Total Prize approximate retail value is USD $2,900.
RULES OF ENTRY:
By taking part in this Promotion, the Promotion Entrant acknowledges that he/she has read and consents to the Rules of Entry set out below
DRAW LOCATION:
221 W 6th St, Austin, TX, USA
ENTRY
There are two ways to enter the Promotion: (i) purchase a ThriveCart Pro or ConvertBox Pro license during the Promotional Period, in which case you will be automatically entered unless you opt out, or (ii) email growth@thrivecart.com and request the required online entry form. Entries must be received during the Promotional Period.
Limit: Multiple entries permitted, subject to the following: (a) only up to two (2) entries will be accepted per entry method; and (b) each entry must be submitted separately and in accordance with entry requirements.
RULES OF ENTRY
- NO PURCHASE NECESSARY TO ENTER OR WIN.
- Information on eligibility, mechanics of how to enter and prizes form part of these Rules of Entry. Entry into this promotion is deemed acceptance of these Rules of Entry by each Entrant.
- ELIGIBILITY: Entry is open to legal residents of the countries listed in the Promotion Overview aged [16/18] years and over (“Entrants”). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies who are directly associated with the conduct of this promotion are ineligible to enter the promotion. Entrants aged under the legal age of majority in their state/province and country must obtain the consent of their parent or legal guardian to enter the promotion and provide Personal Information about themselves. If there is a physical draw or event requiring the attendance of the Entrant, the Entrant must be able to participate in the event in the manner required. All entries of Entrants who are under the legal age of majority and enter the promotion without disclosing (or by attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Rules of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants under the legal age of majority). If the winner is aged under the legal age of majority in his or her state/province and country of residence, the prize may, at the sole discretion of the Promoter, be awarded to the parent or legal guardian who consented to the winner entering the promotion on behalf of the winner and that parent or legal guardian must comply with any prize acceptance requirements and, if applicable, accompany the potential winner for the duration of the prize.
- PROMOTIONAL PERIOD: Promotion starts and closes at the Start and End Dates and times listed in the Promotion Overview above (“Promotional Period”).
- HOW TO ENTER: To enter, Entrants must, during the Promotional Period, must fully and correctly complete and successfully submit the online entry form, in accordance with the instructions provided on a Promotion Website(s). “Promotion Website(s)” means any of the Promoter’s websites, the Promoter’s mobile applications (via their compatible mobile device in the manner required) or any social media page/account managed by the Promoter. NO PURCHASE NECESSARY TO ENTER OR WIN. Winners will be required to provide all mandatory information in order to claim the Prize. Such information may include, but is not limited to, the Entrant’s full name, residential address, age or date of birth, title or gender, current and valid email address and contact telephone number. Entries must be received within the Promotional Period. Entrants are subject to all notices posted online including but not limited to the ThriveCart Terms & Conditions (which can be found at https://legal.thrivecart.com/platform/terms/) and Privacy Policy (which can be found at https://legal.thrivecart.com/platform/privacy/), and the policies of each of our Partners, and its related policies and documentation.
- Up to [two] entries accepted per person during the course of the Promotion, however each entry must be submitted separately and must independently comply with these Rules of Entry. All entries have an equal chance of winning. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid. The Promoter reserves the right to verify the validity of any and all entries and reserves the right to disqualify any Entrant for: (a) tampering with the entry process; (b) for submitting an entry which is not in accordance with these Rules of Entry; or (c) if the Entrant is engaged in any unlawful or other improper conduct calculated to jeopardize the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries. Entries must be received by the Promoter during the promotional period for an advertised promotion.
- Entrants can only enter in their own Personal Information. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize and any information submitted by the Entrant in entering the promotion, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or entry has not been verified or validated to the Promoter’s satisfaction then all the entries of that Entrant will be ineligible and deemed invalid. All Entries become the property of the Promoter and may not be acknowledged or returned, to the maximum extent permitted by data protection and privacy laws.
- LEGAL WARNING: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Website, or the information on the Promotional Website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Rules of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
- PRIZE DRAW: This is a game of chance. The Start, End and Draw date and time will be as above or as advertised on the Promotional Website. The draws for each promotion will take place at the Promoter’s office listed in the Promotional Detail within 7 days of the End Date and conducted under independent supervision, or by a computer process that produces verifiably random results. The winner/s of the draw will be notified in writing within three (3) days of the relevant draw. The first eligible entry randomly drawn from all entries received during the Promotional Period will win the prize. Where more than one prize is available, up to the amount of eligible entries (as advertised for a relevant promotion) will be drawn from all entries received in each advertised promotion, and each will win one (1) prize. Prize will be awarded in the name of the winner/s. The Promoter’s decision is final, and no correspondence will be entered into on the subject. The winner/s of each draw may have their names and/or image displayed on Promoter’s or its Partners’ websites/social media accounts within seven (7) days of the relevant draw and will remain on that website for a minimum of twenty-eight (28) days. Prize winners may also be invited to participate in other promotional events related to this Promotion. Where required by law, prize winners shall also be published in a relevant local newspaper within 7 days of the relevant draw. All reasonable steps to notify winners will be taken by the Promoter.
- The Promoter may draw additional reserve entries in the draw and record them (in order) in case an invalid entry or ineligible Entrant is drawn, the Entrant is ineligible to accept or declines to participate in the prize. Each Entrant whose entry is drawn by the Promoter must confirm their eligibility to be awarded the prize, and their ability to accept and participate in the prize within seven (7) business days of being successfully notified by the Promoter that their entry has been drawn, otherwise their entry will be deemed invalid. A prize will only be awarded following any winner validation, receipt of promotional photography of the winner (if applicable) and verification that the Promoter requires in its sole discretion. If a trip is included as part of a prize, the Prize winner may also be required to provide photography taken during the trip. In the event of an invalid entry, or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to participate in the prize, the prize will be awarded to the first reserve entry drawn. If the prize cannot be awarded to the Entrant drawn, the Promoter will continue this process until the prize is awarded or for three alternative Entrants, depending on the particular prize redemption dates, if any. If after this process the prize has still not been awarded, or if an Entrant drawn cannot be notified, the prize may remain unawarded.
- For Entrants from the USA, Prize winner and the parent/legal guardian (if any) will be confirmed via email and/or phone, and may be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, a W-9 Form if required and where allowable, a Publicity Release (collectively, “the Releases“) (except where prohibited) or other legally required documents. The Releases will require the winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected. If a winner is otherwise eligible under these Rules of Entry, but is nevertheless deemed a minor in his or her state/province of primary residence, the prize will be awarded in the name of winner’s parent or legal guardian who will be required to execute, sign, and return the Releases on minor’s behalf. The prize package will be awarded within approximately 45 days after the winner is verified.
- PRIZE CONDITIONS: The PRIZE/APPROXIMATE RETAIL VALUE (“ARV”) is defined in Promotion Overview above. All expenses not specifically mentioned herein are not included as part of any prize package and are solely the Prize winner’s responsibility. Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). Prizes must be taken as offered and cannot be varied. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Residents of some jurisdictions may be subject to tax withholding, and they will be responsible for the reporting, filing and otherwise processing any tax documentation duly owed to any State or Federal authority, which may vary from region to region. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value and any difference between the ARV and the actual prize value will not be awarded. All prize values are recommended retail price including any applicable taxes. Any vouchers, tickets, coupons, products, services and subscriptions offered as part of a prize (if any) are subject to prevailing terms and conditions of use including expiration dates and are not replaceable if lost, stolen or damaged.
- It is the sole responsibility of the Entrant to ensure that they meet the requirements to use the Prize. Some of those requirements may be subject to a Partner’s [Gift Card/product related] terms, and may include its use in specific order types, websites, locations, account creations, or other terms and conditions subject to change from time to time. Promoter takes no responsibility in the variation of any such Partner [Gift Card/product] terms.
- Where cash is awarded as a prize, prizes may be awarded in the form of a Partner account credit, bank check, virtual wallet (fees may apply and are the responsibility of the winner) or electronic funds transfer to the winner’s nominated bank or similar account.
- ODDS OF WINNING: Odds of winning are not fixed and will depend upon the total number of eligible entries received. Additional Entries or otherwise any odds of winning may not be purchased or complemented.
- UNAVAILABLE PRIZE: If a prize or element of a prize becomes unavailable for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable legislation.
- ACCESS TO THE PROMOTION: Any costs associated with accessing a promotional platform remain the responsibility of each Entrant and may vary depending on the Internet service provider or telecommunications provider that the Entrant uses. The Promoter and its associated agencies, partners and companies are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to the Entrant’s or any other person’s mobile handset, computer or peripherals related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.
- NOTICE TO ONLINE ENTRANTS: In the event of a dispute over the identity of an online Entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Promoter may ask any Entrant or potential winner to provide Promoter with proof that such party is the authorized account holder of the email address associated with the entry. All reasonable steps to notify the winner will be taken by the Promoter. The Promoter’s decision is final, and no correspondence will be entered into on the subject.
- FORCE MAJEURE: If this promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion subject to any written directions made under applicable legislation, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as the original prize.
- PUBLICITY: As a condition of entering this promotion, an Entrant consents to, in the event they are the winner, the Promoter using the Entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, review, remuneration or compensation, permission or approval, for the purpose of promoting, publicizing or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are the winner, the Entrant will participate in all reasonably promoted activities in relation to the Promotion as requested by the Promoter or its Partners, and their agents.
- LIMITATION OF LIABILITY: The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded or otherwise limited by law (including any applicable consumer guarantee under applicable consumer laws), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion including the prize draw, the Prize and any activities which comprise the Prize. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorized access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); (iv) acceptance and/or use of any prize; (v) any fraud, misrepresentation or concealment by any person or persons in connection with this Promotion (vi) the procurement of any applicable insurance or in the making of a claim under applicable insurance; and/or (vii) any erroneous printing or duplication (if applicable). Applicable Partners, manufacturers and/or distributors should be contacted regarding all prize warranty claims.
- The promotional platform may contain links to other websites (Linked Sites), including Promotional Partner and Paid Sponsor websites. The Promoter and the publisher of the website on which this promotion appears are not responsible for the content of any Linked Sites, whether or not the Promoter is affiliated with the Linked Sites. The Promoter does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect Personal Information or postings from Entrants, the Promoter shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for Entrants’ convenience only and Entrants agree to access them at their own risk, and in accordance with each of the Linked Sites respective terms and conditions and privacy policies.
- Social media membership, pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of each social media platform. The promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including but not limited to Instagram, Facebook, Twitter, Pinterest, Snapchat or other (“Social Media Site”). If an Entrant uses social media to participate in the promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Any question, concerns or inquiries must be directed to the Promoter. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users.
- By participating in this promotion, the Entrant will release the applicable Social Media Site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associated with this promotion.
- By participating in this promotion, the Entrant acknowledges that Personal Information will be collected and processed in accordance with the Promoter’s privacy policy, which can be found on the Promoter’s website: https://legal.thrivecart.com/platform/privacy/, and which details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and, if an Entrant opts-in, how it will be shared with third parties, in accordance with the Promoter’s disclosure obligations under privacy laws. As set out in that privacy policy, where Entrant enter the promotion one of the primary purposes of collection is administering the promotion you entered (on behalf of Promoter and operators of the Promotional Website); and where the Entrant selects (or maintains a pre-checked checkbox) and accepts advertising offers, coupons, discounts, surveys or other services (“Offers”) on the promotion entry process, a further primary purpose of the collection is sending you details of those Offers via email and/or SMS or at the number(s) that the Entrant nominates (which may include using an automatic dialing system or pre-recorded message) and to allow the Promoter, third party advertisers or promotion publisher to use your Personal Information to fulfill the selected Offer.
- An entry and any copyright or moral rights subsisting in an entry irrevocably become, at time of entry, the property of the Promoter. The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion and, where appropriate, award prizes. If the Personal Information requested is not provided, the Entrant cannot enter in the promotion and is deemed ineligible. An Entrant agrees that the Promoter may, in the event the Entrant is a winner, publish or cause to be published the name, locality and entry of that Entrant in any media as required under the relevant legislation. By entering and providing the required entry information, Entrants acknowledges that the Promoter may acquire additional information about the Entrant through other sources, send information, samples or special offers it believes may be of interest to Entrant, or other information or goods offered by its marketing or merchant partners. An Entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter at [growth@thrivecart.com]. All Personal Information will be collected, processed, stored and shared by the Promoter in accordance with the Promoter’s Privacy Policy.
- FREE MODE OF ENTRY: For the avoidance of doubt, this sweepstakes is able to be entered by visiting any applicable promotion page and completing and submitting the form in the manner instructed there by the applicable End Date, without charge.
- WINNER CONFIRMATION REQUEST: For a written confirmation of the winner, send an email within 60 days of the End Date to [growth@thrivecart.com] stating in the subject line “Winners request” and the name of the promotion.
- PROMOTER: ThriveCart LLC. Promoter’s address is ThriveCart LLC, 251 Little Falls Dr, Wilmington, DE 19808-1674, USA.