TECH
RAGE IT GAME PROMOTION 2024
OFFICIAL
RULES
NO PURCHASE OR
PAYMENT BY A PARTICIPANT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS
AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. Sponsor.
Tech Rage IT Game Promotion 2024 (the "Promotion") is sponsored by Intersection
Technology Solutions, LLC, a Florida limited liability company, doing business
as Tech Rage IT ("Sponsor"), with an address of 1511 E. State Road 434, Suite
2001, Winter Springs, FL 32708.
2. Eligibility.
a. The
Promotion is open to legal residents of the fifty (50) United States and the
District of Columbia who are legal adults in their state of residence at the
time of entry. Owners, members, and shareholders of Sponsor, and their
respective immediate families (parents, siblings, spouses, children, and other
household members) are not eligible to enter or win.
b. Participant
shall comply with these Official Rules and all federal, state, local, and
municipal laws, rules, regulations, codes, ordinances, judicial and other
governmental orders applicable to Participant's participation in the Promotion.
c. Participant
shall participate honestly and in a sportsmanlike manner, shall provide
truthful and accurate information, and shall not, directly or indirectly, nor
encourage others to, manipulate persons, data, or circumstances to undermine other
Participants or their Qualifying Clients, the Prize Drawing, or otherwise
sabotage the Promotion in any manner.
d. Participant's
failure of eligibility at any time may result in suspension or termination of
Participant's participation in the Promotion, and/or forfeiture of the Prize.
e. Sponsor
reserves the right in its sole discretion to disqualify any Participant it
finds to be tampering with the entry process or operation of the Promotion, or
to be in violation of the Official Rules, or behaving in an unsportsmanlike,
dishonest, unethical, or disruptive manner. For example only, and without
limitation: multiple Participants may not use the same email address to
consolidate referrals for more Entries; and no bots or other means of
artificially increasing a Participant's Entries or odds of winning shall be
permitted.
3. Agreement
to Official Rules. Participation in the Promotion constitutes Participant's
full and unconditional agreement to and acceptance of these Official Rules and
the decisions of the Sponsor, which are final and binding. Winning and
receiving a Prize is contingent upon compliance with the Official Rules and
Sponsor decisions.
4.
Nature of Promotion. The Promotion is not
a raffle. It is a "Game Promotion" under Florida Statutes, Section 849.094.
5. General
Conditions. In the event that the operation, security, or administration of
the Promotion is impaired in any way, for any reason, including, without
limitation, fraud, dishonesty, technical bug, virus, worm, unauthorized
intervention or other technical problem, or in the event the Promotion is
unable to be run as planned for any reason, as determined by the Sponsor in its
sole discretion, the Sponsor may, in its sole discretion (a) suspend the
Promotion to address the impairment and the resume the Promotion in a manner as
closely as possible to the spirit of these Official Rules, although
modifications may be made due to the disruption, (b) terminate the Promotion,
and, at Sponsor's sole election and not obligation, award the Prize at random
from among eligible, non-suspect entries received up to the time of impairment.
Sponsor may, in Sponsor's sole discretion, utilize basic skill-testing
questions or other aids to determine a Participant or Winner is human.
6. Privacy
and Use of Personal Data. In order to participate in the Promotion,
Participant will be required to provide certain personally identifying data to Sponsor,
including full name, date of birth, address, phone number, email address, and
pursuant to Section 18, Publicity Release, Participant's visual appearance,
voice, and physical and audio likenesses, whether natural, electronic, or with
use of AI, or otherwise. Participant's personal information will only be used
for the purposes of the Promotion, including, without limitation, identifying
Participants, determining eligibility of Participants, identifying and
notifying potential and actual Winner, and providing identification of
Participants and the Winner if and as required by law. Participant consents to
such identification. Sponsor will not sell or lease Participant's personal
information.
7. Promotion
Period. The Promotion begins November 21, 2024, at 12:00 a.m. Eastern time
("Promotion Launch Date"), and ends on February 12, 2025, at 5:00 p.m. Eastern
time ("Promotion End Date"). Entries submitted before or after the Promotion
Period are invalid and disqualified.
8. Drawing
Date. Due to the nature of how referred Qualifying Clients (as defined in Section
10) become qualified as a Qualifying Client, to allow time to sign service
contracts and pay onboarding fees, the Prize drawing will be held on February
13, 2025. In Sponsor's sole discretion, Sponsor may move such date upon written
notice to all Participants, and in any event will hold the drawing no later
than March 6, 2025. The date on which the drawing is actually held shall be the
Prize Drawing Date.
9. How
to Enter.
a. Entry
into the Promotion is made by:
i.
Participant's referral of one or more potential Qualifying
Clients to Sponsor's business for IT management services or Voice Over Internet
Protocol (VOIP) phone services; and
ii.
The potential Qualifying Client's timely qualification
as a Qualifying Client, in accordance with the terms of Section 10.
b. Referral
is made by Participant's completion of https://www.techrageit.com/cruise (a
"Referral Entry") each referral. It is Participant's responsibility to include
complete and accurate information in the Referral Entry, including, without
limitation, Participant's email address, which will be used to contact
Participant for notices relating to the Promotion, including if Participant is
selected as the potential Winner. Sponsor is not responsible for typographical
errors in Participant's email address, other problems with the email address,
or Participant's failure to regularly check the email account.
10. Qualifying
Clients. In order for a referred business to be a Qualifying Client that
qualifies the Participant for entries into the Prize Drawing, the referred
business must be: a) a corporation, limited liability company, or other
commonly recognized business entity (not a sole proprietorship unless
established as a formal business entity with its own tax identification number
and member/shareholder agreement), (b) properly established in one of the
states of the United States, which (c) participates in a qualifying call with
Sponsor, all at least forty-eight (48) hours before the Prize Drawing Date, (d)
contracts for a minimum of ten (10) business phones for VOIP services or ten
(10) computers for IT services, such contract being for recurring services and
(e) signs the contract and pays associated onboarding fees at least forty-eight
(48) hours before the Prize Drawing Date.
11. Number
of Entries for Drawing. A Participant's entries for the Drawing shall be
determined as follows:
a. For
each Qualifying Client that contracts for service of 10 or more phones, Participant
receives one (1) entry per contracted phone;
b. For
each Qualifying Client that contracts for service of 10 or more computers Participant
receives three (3) entries per contracted computer;
12. Method
of Drawing for Prizes. On the Prize Drawing Date, Sponsor will select a potential
Winner for each Prize by a random drawing from all qualifying entries received.
Sponsor will determine the order of Prizes to be drawn. Drawing may be done
manually or electronically. The odds of being selected depend on the number of
qualifying entries received. The Sponsor will attempt to notify the potential
Winner by email within forty-eight (48) hours after the Prize Drawing Date, at
the email address provided by the Participant in the Referral Entry.
13. Winner
Notification and Qualification. The potential Winners will be notified by
email and must sign an Acceptance of Prize provide by Sponsor within five (5)
days of notice of winning, in order to claim the Prize. If the potential Winner
does not respond, or does not sign the Acceptance of Prize within five (5)
days, or is otherwise unqualified under the Official Rules, the potential
Winner irrevocably forfeits the Prize, and Sponsor may elect an alternate
potential Winner at random, from the remaining non-winning, qualified entries,
minus the first potential Winner's remaining entries (i.e. the first potential
Winner may not be selected again). Only three (3) alternate Prize Drawings will
be held, after which the Prize will not be awarded if no selected potential
Winner qualifies to be the Winner.
14. General
Prize Rules.
a. Except
where expressly provided, there is no cash substitute or other substitute for
any Prize.
b. Entries
and Prizes are not assignable or transferable.
c. Any
portion or element of a Prize not accepted or used by the Winner is forfeited.
d. Winner,
on behalf of Winner's self and any guest(s) that accompany Winner in the acceptance,
use, or participation in a Prize, acknowledge that third parties are inherently
involved in the execution of matters related to Winner's and Winner's guest(s)'
acceptance, use, or participation in any Prize, which matters are beyond
Sponsor's control, and Winner, on behalf of Winner's self and any guest(s) that
accompany Winnter in the acceptance, use, or participation in a Prize, waives
all recourse against the Sponsor Parties (defined in Section 19, Releases and
Limitations on Liability) if a Prize or a component thereof does not prove
satisfactory, either in whole or in part.
e. Winner,
on behalf of Winner's self and any guest(s) accompanying Winner, shall comply
with all laws, rules, regulations, and orders relating to Winner's acceptance,
use, or participation in the Prize, and all rules and policies of the vendor(s)
administering the Prize.
f.
Winner, on behalf of Winner's self and any
guest(s) accompanying Winner in the acceptance, use, or participation in a
Prize, ASSUMES ANY AND ALL RISKS ASSOCIATED WITH ACCEPTANCE, USE, OR
PARTICIPATION IN THE PRIZE, OF ANY KIND OR NATURE, UP TO AND INCLUDING DEATH,
REGARDLESS OF WHETHER SUCH RISK IS EXPRESSLY MENTIONED IN THESE RULES OR NOT,
AND REGARDLESS OF WHETHER SUCH RISK WAS KNOWN OR FORESEEABLE OR NOT.
15. Grand
Prize.
a. The
Grand Prize is the Winner's choice of (i) cash prize in the amount of Six
Thousand Five Hundred Dollars ($6,500.00) ("Cash Prize Amount"), or (ii) cruise
fare up to Eight Thousand Dollars ($8,000.00) (the "Grand Prize Cap"). If the
cruise is selected, the cruise booked within one (1) year of winning, with a
sail date within two (2) years of the booking date. Winner may include one or
more stateroom guests on the cruise reservation. If the cost of the cruise fare
for the cruise selected by Winner exceeds the Grand Prize Cap, Winner shall pay
the difference between the Grand Prize Cap and the cruise fare. If Winner's
selected cruise fare is less than the Grand Prize Cap, there is no payment of
the difference to Winner.
b. If
Winner selects the cash prize, Sponsor will pay the Cash Prize Amount to Winner
within 30 days of Winner's qualification. Winner must provide any information
needed or required by Sponsor to facilitate payment of the Cash Prize Amount.
c. Winner
and any guests accompanying Winner on a cruise must be the minimum age required
by the cruise line to reserve or occupy a stateroom. Winner shall not attempt
to put more people into a stateroom than cruise rules and policies allow.
e. Winner
will use a travel agent selected by Sponsor to arrange the actual booking for
the Winner, and Sponsor will arrange for payment of the cruise fare through the
travel agent, and Winner will book the cruise through the Sponsor-selected
travel agent. If the travel agent is unresponsive to communication within a
reasonable time or fails to provide basic booking services for Winner within a
reasonable time, Sponsor will select an alternate travel agent.
f.
Winner, and Winner's guest(s) if applicable, are
responsible for obtaining or maintaining their own respective valid passports
and all costs associated with their respective travel to the cruise port and
any cruise costs above the Grand Prize Cap, along with cost of items not
included in the cruise fare (for example, without limitation, wifi, alcohol and
other specialty drinks, specialty dining, shore excursions, gambling, shopping,
spa and other amenities), and all taxes, port fees, parking fees, and
gratuities associated with the Grand Prize.
g. Winner,
and Winner's guest(s) if applicable, are solely responsible for the cost of any
medical treatment obtained on board or otherwise in connection with the cruise
or associated travel.
h. Sponsor
strongly recommends Winner and guest obtain travel insurance and travel medical
insurance, at Winner and guests' own respective costs.
16. Referral
Prizes. Each Participant who refers a Qualifying Client will receive a
Participation Prize valued at least $500. A Winner who has not provided Sponsor
with accurate, up to date contact information, risks forfeiture of the Participation
Prize due to inaccurate delivery. There is no substitute Prize for loss, as
Sponsor will have already paid for Prize. If a Participation Prize involves the
reserving or booking of services, Winner has three (3) months to reserve or
book the prize services, or the prize is forfeited. In Sponsor's sole
discretion, there may be choices, however, all details of the Participation
Prize are in Sponsor's sole discretion. There will be no alternate Winner of any
Participation Prize if it is forfeited.
17. Taxes.
Winner is solely responsible for any and all taxes, gratuities, and other
charges of any kind, and any charges or service fees of the Prize vendor, associated
with winning or accepting a Prize.
18. Publicity
Release. Participant authorizes Sponsor, its employees, contractors,
agents, and any Sponsor event hosts and sites, to take, publish, reproduce, and
edit, for all purposes, photographs, videos, and other electronic images,
including visual and audio recordings, of Participant, Participant's likeness
and/or voices (whether natural, electronic, or with use of AI, or otherwise),
taken at or relating to Promotion related press releases or events, and any
identification of Participant as a Participant or Winner if and as required by
law (collectively, "Publicity Media"), for publication, exhibition, display,
distribution, marketing, leasing and/or sale, and any other legal use, in any
and all forms of media, including without limitation, cable and broadcast
television, streaming, motion picture, print, digital, online, social media,
emerging technologies (e.g. "metaverse") and any other media or format, in all
cases without payment or royalties to Participant or Winner and without any
inspection or approval rights. Participant acknowledges Sponsor's right, title
and interest in the Publicity Media, and copies of any originals, and any
derivative works, along with the sole right to control, monetize, capitalize,
and benefit from same. Participant releases Company from any expectation of
privacy or confidentiality associated with the Publicity Media, and agrees to
indemnify, defend, and hold harmless the Indemnified Parties (as defined in
Section 20, Indemnification), who are involved in the creation, publication,
sharing, transfer, sale or other conveyance of Publicity Media, from liability
for any claims or disputes by Participant or any third party making claims in
or associated with the Publicity Media, or losses as a result of Sponsor's rights
under this Section 18 or elsewhere.
19. Releases
and Limitations on Liability.
a. Participant,
or potential Participant, unconditionally and irrevocably releases Sponsor,
along with Sponsor's employees, contractors, officers, directors, owners,
members, shareholders, agents, attorneys and other advisors, and other
representatives (collectively, "Sponsor Parties," which definition includes
Sponsor) from all liabilities associated with Participant's participation in
the Promotion, including, without limitation, any breach by Participant of the
Official Rules, failure to qualify as a Participant, failure to qualify as a
Winner, Participant's errors in a Referral Entry, failure of a Participant's
referral to qualify as a Qualifying Client, technical errors associated with
the Promotion, acts or omissions of other Participants, acts or omissions of
any Qualifying Client, acts or omissions of any third party, and any other
matter not the fault of, or outside the control of, Sponsor.
b. Winner,
on behalf of itself, its travel companions, guests, invitees, heirs, and
personal representatives unconditionally and irrevocably releases the Sponsor
Parties from all liabilities associated with accepting and participating in a
Prize, including, without limitation, travel delays; travel cancelations or
reschedules; missing of ports for any reason; travel inconveniences; Winner's
and/or guest's failure to make it to the ship by boarding time for any reason;
adverse weather events; sickness from any cause; negligence or other misconduct
of any provider of transportation, lodging, parking, food and drink,
entertainment, technical glitches in any gift card prize which are not the
fault of Sponsor, or incidental services related to travel or participation in a
Prize; negligence or other acts or omissions of other travelers or passengers;
personal injuries from any cause, up to and including death; and any other
matter which is not the fault of, or which is outside the control of, Sponsor.
c. Winner,
on behalf of itself, its travel companions, guests, invitees, heirs, and
personal representatives unconditionally and irrevocably releases the Sponsor
Parties from all liabilities associated with any mistakes, failures in
communication, negligence, willful misconduct, torts of any kind, violations of
law, or violation of personal rights by a caterer, travel agent, cruise line,
airline, provider of any travel amenities, including, without limitation,
lodging, transportation, entertainment, shopping, food or drink, or any third
party directly or indirectly involved or relating to the administration of any
Prize or relating in any way to the Promotion.
d. Participant, whether a Winner or not, shall
indemnify, defend, and hold harmless the Sponsor Parties from and against any
and all claims, damages, losses, lawsuits and disputes of any kind or nature
arising out of any of the foregoing referenced circumstances in Sections 19(a),(b),
and (c), brought by Participant, a Winner, a Winner's accompanying guest(s), or
any third party whether named here or not, including, without limitation any
Sponsor Party's attorney's fees, and any third party attorney's fees for which
a Sponsor Party is held liable. Sponsor may select its own legal counsel in any
legal proceedings, and shall be permitted to determine whether to settle any
claims against it.
e. Under
no circumstances shall Sponsor be liable or responsible for any third party's behavior,
act, or omission.
f.
In all cases, Sponsor shall not be responsible
for any incidental, consequential, special, or punitive damages, or lost
profits.
g. In
all cases, Sponsor's maximum liability to Participant shall no more than One
Hundred Dollars ($100.00).
20. Indemnification.
Winner shall indemnify, defend, and hold harmless the Sponsor Parties (jointly
or severally) (each an "Indemnified Party," collectively, "Indemnified
Parties") from and against any and all losses, damages, claims, causes of
action, lawsuits, investigations, judgments, and other legal or adverse action
("Disputes") arising out of or relating to the (a) breach of any term or
provision of these Official Rules, (b) participation in the Promotion, (c)
acceptance and participation in a Prize if selected as the Winner, (d)
violation of law, rule, regulation, ordinance, or judicial or other government
order, (e) violation of any third party right, (f) negligence or willful
misconduct, or (g) tortious act or omission, any or all of the foregoing by Participant
or any of its officers, directors, members, shareholders, employees,
contractors, or agents (collectively, "Claims"), including all costs, expenses,
and other actual damages of any nature, for which an Indemnified Party is held
liable or incurs via settlement of Claims, including any third party attorney's
fees for which an Indemnified Party is held liable or incurs via settlement of
Claims. An Indemnified Party will have the right, but not the obligation, to
control the intake, defense and disposition of any Claim for which indemnity
may be sought under this section. Each party shall be permitted to have counsel
of its choosing participate in the prosecution or defense of the applicable
Claim. Each party shall have the sole right and option to settle any Claim
involving it.
21. No
Third Party Beneficiaries. These Official Rules constitute an agreement
between Participant and Sponsor, solely for the benefit of Participant and
Sponsor. There are no third party beneficiaries to this agreement. For the
avoidance of doubt, Qualifying Clients and potential Qualifying Clients are
neither parties nor third party beneficiaries to this agreement unless they
also act in a Participant capacity.
22. Attorney's
Fees. In the event of any dispute arising out of or relating to the
Promotion, these Official Rules, or Participant's participation in the
Promotion, each party shall pay their own attorney's fees.
23. WAIVER
OF JURY TRIAL. WITHOUT WAIVING THE ARBITRATION REQUIREMENT, AND WHETHER ANY
LAWSUIT IS FILED IN VIOLATION OF THE ARBITRATION REQUIREMENT, PARTICIPATION IN
THE PROMOTION OR A PRIZE CONSTITUTES THE KNOWING, WILLFUL, AND VOLUNTARY WAIVER
OF A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO PARTICIPATION
IN THE PROMOTION, APRIZE, OR THESE OFFICIAL RULES. PARTICIPANT HAS EITHER
EXERCISED THE OPPORTUNITY TO SEEK THE LEGAL COUNSEL OF ITS CHOICE IN THE REVIEW
AND UNDERSTANDING OF THIS PROVISION OR WAIVED SUCH OPPORTUNITY.
24. WAIVER
OF CLASS ACTION. PARTICIPATION IN THE PROMOTION OR A PRIZE CONSTITUTES
AGREEMENT THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN
INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
25. Arbitration.
Any dispute, claim or controversy arising out of or relating to the Promotion, a
Prize, or these Official Rules, including the determination of the scope or
applicability of the requirement to arbitrate, shall be settled by arbitration
before one (1) arbitrator who is mutually agreed upon by the parties, or if the
parties cannot agree on an arbitrator within fifteen (15) days after a demand
for arbitration is filed, the arbitration venue shall select the arbitrator.
The arbitration shall be administered and conducted by the American Arbitration
Association (the "AAA") in Seminole County, Florida, pursuant to the selected
forum's arbitration rules for commercial disputes (the "Rules"). In the event
of any inconsistency between the Rules and the procedures set forth in this
paragraph, then to the extent allowed by law, the procedures set forth in this
paragraph will control. The arbitrator will determine the scope of discovery in
the matter; however, it is the intent of the parties that any discovery
proceedings be limited to the specific issues in the applicable matter, and
that discovery be tailored to fulfill that intent. Each party shall pay its own
attorney's fees and shall equally split the costs of the arbitration. The
arbitrator's findings of fact shall be binding, but a party may appeal to a
court of law as to matters of law and for enforcement.
26. Governing
Law; Jurisdiction; Venue. The Promotion and these Official Rules shall be
construed and interpreted according to the laws of the State of Florida without
reference to the rules of conflicts of law. Participant consents to the venue
and jurisdiction of the legal tribunals serving Seminole County, Florida, and
hereby waives, to the fullest extent permitted by applicable law, any claim or
defense that such tribunals constitute an improper, inconvenient, prejudicial,
or otherwise inappropriate forum.
[End
of Official Rules]