October’s Fall Into The Holidays Sweepstakes

Constant Contact, 1601 Trapelo Road, Waltham, MA 02451 (“Sponsor”)

October’s Fall Into The Holidays Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty (50) United States (and the District of Columbia) who are at least eighteen (18) years old at the time of entry. The Sweepstakes is void where prohibited. Proof of residency and age may be required. Employees of Sponsor and each of its respective parent companies, subsidiaries, and affiliates and each of their Immediate Family Members (as defined below) and Household Members (as defined below) are not eligible to enter or win. “Immediate Family Members” shall mean parents, stepparents, children, stepchildren, siblings, step siblings, or spouses, regardless of where they live. “Household Members” shall mean people who share the same residence at least three (3) months a year, whether related or not. To enter the Sweepstakes or receive a prize, you must fully comply with these Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of Sponsor, which shall be binding and final in all respects to this Sweepstakes.

The Sweepstakes begins on October 22, 2021 at 09:00 A.M. EST and ends on November 19, 2021 at 11:59 P.M. EST, (“Sweepstakes Entry Period”). Sponsor is the official timekeeper for this Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state and local laws.

You will receive one (1) entry in the Sweepstakes for completing the following:

Limit one (1) maximum total entries per person. Any attempt by you to obtain more than the stated number of entries by using multiple/different identities, registrations and logins, or any other methods will be void and you and your entries will be disqualified. Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, all of which will be ineligible to win a prize. In the event of a dispute as to any entrant, the authorized account holder of the Constant Contact Community account used to enter will be deemed to be the entrant. The “authorized account holder” will be determined by Sponsor in its sole discretion. Potential Winners of the prizes may be required to show proof of being the authorized account holder to be awarded the prize. All entries become the sole and exclusive property of the Sponsor and will not be returned or canceled.

Alternatively, you can receive the one (1) maximum total entries in the Sweepstakes by sending a 3” x 5” card with your name, age, complete mailing address (including zip code), daytime phone number and email address to: Small Business Success Sweepstakes, 1601 Trapelo Road, Waltham, MA 02451. Mail-in entries must be postmarked by November 19, 2021 and received by November 25, 2021 to be eligible. Mail-in entries will NOT be accepted via messenger/courier delivery service or any means other than the United States Postal Service mail. Sponsor is not responsible for lost or misdirected mail-in entries.

Instructions for Constant Contact Community Entries: Entrants must have a Constant Contact trial or paid account and be a member of Constant Contact’s Community in order to be eligible to enter and post within the Community and enter the Sweepstakes. Entrant’s Constant Contact account must be active at the time of the drawing in order to be eligible. Signing up for Constant Contact is free. If you do not already have a Constant Contact account, you can sign up here. When you become a Constant Contact customer, you are automatically a Community member and are able to post in the Community.

By entering the Sweepstakes you grant to Sponsor the worldwide, irrevocable and unrestricted right and license to adapt, publish, use, edit, and/or modify your entry in any way and to post your response on the internet.

Each person who enters this Sweepstakes represents and warrants as follows: (i) the entry content is wholly original to entrant; (ii) the entry does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iii) the entry does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous.

On November 25, 2021, the Sponsor will select one (1) potential winner in a random drawing through random.org, of all valid entries received during the Sweepstakes Entry Period, and may be awarded the prize subject to verification of eligibility and compliance with the terms of these Official Rules. The potential Sweepstakes winners will be notified on the day of the drawing. Failure by a potential Sweepstakes winner to respond to the initial verification within five (5) days of notification or the time period stated in the notification, will result in disqualification and Sponsor will select an alternate potential Sweepstakes winner in the same manner. Odds of winning a Sweepstakes prize depend on the number of eligible entries received.

Potential Sweepstakes winners must continue to comply with all terms and conditions of these Official Rules and will be required to complete and return (i) an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) and (ii) an IRS Form W-9 (“W-9”) if the retail value is $600 or greater by the date specified by the Sponsor, or an alternate potential Sweepstakes winner may be selected. In the event: (a) potential Sweepstakes winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential Sweepstakes winner notification of Affidavit is returned as undeliverable; (b) potential Sweepstakes winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with timing requirements to respond to the initial verification in the required time period, (d) potential Sweepstakes winner is found to be ineligible to enter the Sweepstakes or receive the prize, (e) potential Sweepstakes winner cannot or does not comply with the Official Rules, or (f) potential Sweepstakes winner fails to fulfill the Affidavit-related obligations, the potential Sweepstakes winner shall be disqualified from the Sweepstakes and an alternate potential Sweepstakes winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Sweepstakes winner if any.

Grand Prize - One (1) $100 credit applied to the winner’s Constant Contact account.

No cash equivalent will be provided for any prize. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Winners agree to accept the Prize “as is”, and entrants hereby acknowledge that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the Prize. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with Prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded, are the sole responsibility of the Winners. The Prize will be awarded only if the potential Prize winner fully complies with these Official Rules. Potential winners are responsible for providing Sponsor with a current address for the mailing of any applicable Prizes. Sponsor is not responsible for any lost or undeliverable mail that results from a third party or mail or parcel carrier and Prizes may not be reissued in such instance.

By submitting an entry or otherwise participating in this Sweepstakes you understand and hereby agree to: (i) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Sweepstakes; (ii) defend, indemnify, release and hold harmless the Sponsor, and its respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and/or property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to: (a) the Sweepstakes or any information provided by you in connection with the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, the receipt of marketing messages, participation or inability to participate in the Sweepstakes or in any parts thereof, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) any change in the Prize (or any components thereof) due to unavailability, or due to reasons beyond the Sponsor’s control (d) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (e) human error, (f) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the entry information or any parts thereof), and/or (g) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, or any of their agents or employees. Winners acknowledge that all Prizes are awarded as-is without warranty of any kind.

Except where prohibited or restricted by law, winner’s acceptance of a Prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winners regarding the Sweepstakes or Sponsor, worldwide and in-perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or the World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.

Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, and directors shall not have any obligation or responsibility, including any responsibility to award the Prize to entrants, with regard to (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize, in Sponsor’s sole discretion; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winners to accept the Prize for any reason; (f) if a Prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, pandemics, epidemics, disease, acts of government, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. No groups, clubs or organizations may participate in this Sweepstakes or reproduce or distribute any portion of these Official Rules or marketing to its members. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the Prize from all eligible entries received as of the termination date.

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of each Prize will be awarded.

As a condition of participation in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any Prizes awarded, or the determination of winners shall be resolved individually, exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then in effect. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorney’s fees or other such related costs of pursuing a claim. The Sweepstakes is governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts.