NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited. Open to legal residents of the US, 18 or older as of May 29, 2023. LIMIT 1 ENTRY PER PERSON. Ends June 30, 2023. Once you submit your entry, you will only be eligible to win a prize in the Sweepstakes once the drawing is conducted. Prizes subject to availability, taxes and other restrictions. *For complete details, see the Official Rules, which bind participants. Winning is dependent on a winner verifying in an affidavit and release(s) in accordance with the Official Rules.
2023 State of ESPs Survey Giveaway (the “Sweepstakes”)
Official Rules
No purchase necessary to enter or win.
A purchase will not improve your chances of winning.
Eligibility: The Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia (“D.C.”) who: (a) are 18 years of age or older, (b) are located in one of the 50 United States or D.C. at the time of entry; and (c) have participated in the 2023 State of ESPs survey and provided a valid email address. Employees, contractors, directors, officers and agents of Litmus Software, Inc. (“Sponsor”) or its subsidiary, Litmus Software Ltd. (collectively, “Sweepstakes Parties”), and their immediate family members (parent, child, sibling and spouse of each, regardless of where they reside) and those living in the same households of each (whether related or not) are not eligible. Void outside the 50 United States/D.C. and where prohibited by law.
Sponsor: Litmus Software, Inc., 675 Massachusetts Ave., 10th Floor, Cambridge, MA 02139.
Entry Period: The Sweepstakes begins at 12:00 a.m. ET on May 29, 2023 and ends at 11:59 p.m. ET on June 30, 2023 (the "Entry Period").
How to Enter: To enter the Sweepstakes, potential entrants must complete only one (1) of the following entry methods:
Survey Entry: During the Entry Period, be invited by Sponsor or opt to participate in a survey associated with this Sweepstakes, follow the link to the survey website, and complete the survey online. Once at the survey, you should complete the questions provided. Entrants must complete all required information. Once you have completed the survey, follow the on-screen instructions to submit your survey response. Upon submission, you will receive one (1) entry (“Survey Entry”) into the prize drawing, *subject to the limitations set forth below. The length of time required to complete a survey will vary from approximately three 10 minutes to thirty (30) minutes. Only winners will be notified by email at the email address provided.
Postal Entry: You may enter the Sweepstakes by sending your name and email address to the sponsor mailing address on a postcard. Upon submission, you will receive one (1) entry (“Online Entry”) into the prize drawing, *subject to the limitation set forth below. Only winners will be notified by email at the email address provided.
*LIMIT ONE (1) ENTRY (EITHER ONE (1) SURVEY ENTRY OR ONE (1) POSTAL ENTRY), PER PERSON / E-MAIL ADDRESS / HOUSEHOLD.
You are not a winner until your prize claim is validated and you receive official written notification from the Sponsor. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned except as provided herein. Entries that are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules will not be entered into the Sweepstakes. Entries made by mail, facsimile, overnight courier, third party entry service, automated means, or in any other manner not specifically allowed under these Official Rules will not be entered into the Sweepstakes.
Winner Selection & Odds:
Winner Selection: The winners will be selected by random drawing after the close of the Entry Period.
Odds: The odds of winning a prize will depend on the number of valid entries received.
Prizes, Approximate Retail Value (“ARV”):
There will be a maximum of 3 prizes awarded. Each prize will consist of a $100 Amazon gift delivered electronically via Alyce. Total ARV of all prizes available in this Sweepstakes is $300 USD. No substitution, cash redemption or transfer of prizes is permitted, except at Sponsor’s sole discretion or as provided herein. If the advertised prize cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. Use of gift cards is subject to the terms, conditions and policies of the issuer. All taxes, including without limitation all federal, state and local income taxes, on the prizes and all other costs associated with acceptance or use of the prizes are the sole responsibility of the winners. Arrangements for delivery of prizes will be made after winner validation. LIMIT ONE (1) ENTRY (EITHER ONE (1) SURVEY ENTRY OR ONE (1) POSTAL ENTRY), PER PERSON / E-MAIL ADDRESS / HOUSEHOLD. If a winner does not respond within the timeframe stated in the notification email, the Sponsor may select an alternate winner in their place at random from all entries received during the Entry Period. No more than the stated number of prizes will be awarded. If, for any reason, the number of prize notifications exceeds the stated number of prizes, the remaining prizes will be awarded in a random drawing from among all legitimate prize claimants.
General Rules: All applicable federal, state and local laws apply. All potential winners will each be contacted by email at the email address provided with the entry, and may be required, at Sponsor’s discretion, to complete, sign and return an affidavit of eligibility, a liability release, and where lawful, a publicity release within a stated amount of time. The return of any notification as undeliverable, or failure to respond to notices or return any required documents in a timely manner, or a determination that a potential winner is ineligible or not in compliance with these Official Rules, as determined by the Sponsor, may result in disqualification of the winner and forfeiture of the corresponding prize. By participating in this Sweepstakes, entrants agree to abide by and be bound by these Official Rules and decisions of the Sponsor, which shall be final in all matters relating to the Sweepstakes.
Sweepstakes Parties are not responsible for: (i) electronic or digital transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures (including but not limited to failures or malfunctions of phone lines, telephone systems or other communications systems), destruction of or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions; (iv) damage to entrants' or any person's computer; (v) causes beyond Sweepstakes Parties’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (vi) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (vii) any typographical or other error in the printing or advertising related to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement/notification of prize winners; (viii) cheating or fraud by any participant; or (ix) actual or alleged violation of any intellectual property or proprietary rights, rights of publicity or privacy, or any other third party rights by any content submitted by a participant in connection with the Sweepstakes. All incomplete or non-conforming entries will be disqualified.
If for any reason this Sweepstakes cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Sweepstakes, or if this Sweepstakes is compromised or becomes corrupted in any way, electronically or otherwise, the Sponsor reserves the right, in its sole discretion, to suspend or terminate this Sweepstakes. If the Sweepstakes is terminated before the stated end date of the Entry Period, the Sponsor will select any remaining winners in a random drawing from among all eligible, non-suspect entries received through all entry methods combined as of the time/date of termination.
Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method, or any entry service.
Caution: Any attempt by any person to deliberately corrupt or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, sponsor reserves the right to disqualify, prosecute and seek damages from any such person to the fullest extent permitted by law.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be declared made by the person in whose name the entry was made or, if the entrant’s name is not known, then by the authorized account holder of the email address submitted at time of entry.
Grant of License: By participating in this Sweepstakes, each participant hereby grants Sponsor an unlimited, irrevocable, worldwide, royalty-free right and license in connection with the Sweepstakes and other business activities of Sponsor to use, reproduce, prepare derivatives, distribute copies, publicly perform and/or display, as applicable, by electronic display and/or publication on the Internet and in other mediums now known or created in the future: (a) the participant’s name (including without limitation any user name, handle or similar identifier), as well as any works that contain the foregoing, and (b) any content submitted in connection with the Sweepstakes by such participant (including comments, posts, responses, and similar works). Sponsor shall, however, not be obligated to undertake any of these activities.
Release & Waiver: By participating in this Sweepstakes, entrants agree to release, discharge and hold harmless Sweepstakes Parties from and against any and all liability, loss, injuries or damages associated with participation in this Sweepstakes or the acceptance, possession, use or misuse of any prize received in this Sweepstakes. By participating in this Sweepstakes, entrants waive all rights to claim punitive, indirect, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to participate.
Disputes/Venue/Governing Law: By participating, entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize awarded (if applicable) shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction in the Commonwealth of Massachusetts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (3) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of any participant or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or notifications and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
Publicity: Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winners’ names and likenesses for purposes of advertising and publicity in all media worldwide without further compensation or notice, unless prohibited by law.
Privacy: The personal information collected through this Sweepstakes is subject to the Litmus Privacy Policy located at https://litmus.com/privacy. By entering this Sweepstakes , you agree to the use of your personal information as described in the above Privacy Policy. In the event of any conflict between these Official Rules and Litmus Privacy Policy, these Official Rules shall take precedence.
Sweepstakes Results: To request the name(s) of the winner(s) of prizes valued over $25, send a self-addressed stamped envelope (stating the name of the Sweepstakes) to Litmus Software, Inc., “2023 State of ESPs Survey Giveaway Sweepstakes Winners’ List,” 675 Massachusetts Ave., 10th Floor, Cambridge, MA 02139. Requests must be received within thirty (30) days from the end date of the Sweepstakes.
All trademarks used herein are the property of their respective owners.