Marketing Makeover Giveaway: Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
ELIGIBILITY: The Marketing Makeover Giveaway (the “Promotion”) is open only to legal residents of the United States, excluding New York and Florida, and the District of Columbia who are 18 years of age or older and who work in the real estate industry (an eligible “Entrant”). Employees of Union Street Media (the “Sponsor”) and their respective parent companies, subsidiaries and affiliated companies, divisions, officers, directors, agents, advertising and promotional agencies, as well as members of the immediate family of any such employees (collectively, “Sponsors”), are not eligible to participate or win in the Promotion. The term “immediate family” includes spouses, siblings, step-siblings, parents, step-parents, children, step-children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, cohabitation or other family extension, and any other persons residing at the same household whether or not related.
PROMOTION PERIOD: The Promotion starts at 12am Eastern Time (ET) on February 10, 2021 and runs until 11:59pm ET on February 16, 2021 (“Promotion Period”). All entries must be received during the Promotion Period. Any entries received after the Promotion Period will not be considered. The Sponsor’s website is the official time keeping device for this Promotion.
OFFICIAL RULES: The rules, terms and conditions specified herein for the Promotion comprise its Official Rules (“Official Rules”) and shall govern all participation in the Promotion. Please take a moment to review these Official Rules which, by your participation, you agree will govern all matters relating to the Promotion and which cannot be modified or superseded except by Sponsors, in their reasonable discretion, in a written revision to these Official Rules, which will be posted to https://unionstreetmedia.com/marketing-makeover-giveaway/.
IMPORTANT NOTICE: Entrants are responsible for compliance with their employer’s policies and all applicable laws, rules, and regulations (“Laws”) regarding eligibility to participate in this Promotion. If an individual is participating in violation of their employer’s policies or applicable Laws, that individual may be disqualified from this Promotion. Sponsors disclaim any and all liability and responsibility for disputes related to this matter.
PRIZE: The Marketing Makeover Giveaway Prize Package (“Prize”) consists of the below items and is valued at $8,996 in total.
|Free Turnkey Website Setup||$1,999||The Winner may select a website layout from this page to be built with their logo and brand colors – https://unionstreetmedia.com/layouts/. The Prize includes the initial website build and setup only. The Winner must pay the monthly website hosting and maintenance fee at $249 per month. If the Winner is already a Union Street Media client, there will be no change to their monthly website hosting and maintenance fee. If the Winner would like a Premium or Enterprise site instead, they can apply a $1,999 credit toward the cost of their new website. Winner will be responsible for the monthly hosting costs for any website, so if they would like a Premium or Enterprise website instead of a Turnkey, the monthly hosting would instead be $299 per month or $399 per month, respectively. Please see this one sheet for more information on what’s included with each site type – Turnkey, Premium, and Enterprise – https://drive.google.com/file/d/1n-RrReMjhNAAYqLOad4nNt3okqvwq_fs/view?usp=sharing. Only brokerages, agents, or teams in current or approved new markets are eligible to win. For a list of current and approved new markets, please email email@example.com.|
|Free Paid Search Advertising Campaign Setup||$499||Union Street Media will set up three different campaigns on Google’s search network on behalf of the Winner. Winner must provide Union Street Media with access to their Google Ads account, or Union Street Media will create a new Google Ads account on their behalf. Winner must provide Union Street Media with a valid credit card to set up their campaigns in Google Ads. Winner is responsible for paying all media spend costs associated with running their campaigns directly to Google.|
|Free Display Advertising Campaign Setup||$499||Union Street Media will set up three different campaigns on Google’s display network on behalf of the Winner. Winner must provide Union Street Media with access to their Google Ads account, or Union Street Media will create a new Google Ads account on their behalf. Winner must provide Union Street Media with a valid credit card to set up their campaigns in Google Ads. Winner is responsible for paying all media spend costs associated with running their campaigns directly to Google.|
|Free Facebook Advertising Campaign Setup||$499||Union Street Media will set up three different advertising campaigns, each with up to three ads, in Facebook’s Ads Manager on behalf of the Winner. Winner is responsible for providing Union Street Media will photos or imagery to use in their ads. Winner must provide Union Street Media with access to their Facebook Page. Winner must also provide Union Street Media with access to their Facebook Ads account or Union Street Media will create a new Facebook Ads account on their behalf. Winner must provide Union Street Media with a valid credit card to set up their campaigns in Facebook Ads Manager. Winner is responsible for paying all media spend costs associated with running their campaigns directly to Facebook.|
|Free Graphic Design for Online Ads||$1,750||Union Street Media will design three sets of display ads for the Winner to use for their own marketing and advertising. Prize includes two rounds of design revisions. Ads will be provided as JPEG files, 40kb max. file size, in the following sizes: 1200×628, 600×315, 300×250, 728×90, 160×600, 320×50, and 300×600 pixels.|
|SEO Audit and Strategic Advising Session||$750||Union Street Media will audit the Winner’s site for opportunities, compile a report, and schedule a meeting with the Winner to review findings and advise on next steps. The report will be delivered via Google Docs, Google Slides, Google Sheets, or a similar application (ex. Microsoft Word, Microsoft Excel, Microsoft PowerPoint). If the Winner would like to provide Google Analytics account access, Union Street Media can provide additional insights; however, that is optional.|
|Local Content Creation||$3,000||Union Street Media will create five web pages on Union Street Media’s content management system with quality, unique, search engine optimized content for towns or areas of the Winner’s choosing (ex. https://www.acadiarealtygroup.com/area-info/acadia-area-downeast-maine/). If the Winner does not have a Union Street Media website, the Winner will be responsible for creating the web pages and Union Street Media will provide the content via Google Docs or a similar application (ex. Microsoft Word). Note there is a minimum turnaround of 4 weeks to deliver the content and Winner will need to be available for a call with Union Street Media to discuss desired towns or areas.|
Date Prize Winner Announced: between February 17, 2021 and February 23, 2021.
TO ENTER: To enter the Promotion, Entrants must complete one of the following (“Method of Entry”):
- Follow Union Street Media on Facebook, Instagram, YouTube, LinkedIn, and/or Twitter. Following Union Street Media on one channel is equal to one entry.
- Submit an entry through the website via the form located here: https://unionstreetmedia.com/marketing-makeover-giveaway/
Entrants may only enter the Promotion once per Method of Entry. Entrants may enter the Promotion more than once by entering via each eligible Method of Entry to increase their odds of winning. The maximum number of Entries possible per Entrant is six.
Actions occurring before and after the Promotion Period are not eligible for the Promotion. Sponsors are not responsible for any lost, late, damaged, or delayed Entries, or Entries not received during the Promotion Period. Incomplete or fraudulent Entries will not be eligible for this Promotion. No correspondence about Entries will be acknowledged or returned. Any attempted participation by any means except as permitted by these Official Rules is void. By participating in this Promotion Entrants expressly authorize the Sponsors to contact them at the email address provided for purposes of fulfilling this Promotion. This authorization overrides any “do not contact” or solicitation preference Entrants have previously expressed to Sponsors.
ENTRY RESTRICTIONS: An Entrant can only win one (1) Prize during the Promotion Period, regardless of the number of entries and method of entry. Any attempt by an Entrant to win more than one (1) Prize during the Promotion Period by using numerous email addresses, registrations, identities, or any other methods will void that Entrant’s entry/entries and that Entrant will be disqualified. The use of automated software or computer programs to register or enter the Promotion is prohibited, and any individual who uses or attempts to use such methods to register or to enter will be disqualified. Valid entries must contain all information required. Incomplete, illegible and/or multiple entries will be disqualified. In the event of a dispute, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The authorized account holder is the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses. Promotion Winner(s) will be selected from eligible entries only. By entering, Entrants unconditionally acknowledge compliance with and acceptance of these Official Rules, including eligibility requirements. Responsibility for receipt of entry rests solely with the Entrant.
DRAWING/ODDS: A Prize Winner will be selected from all eligible Entries received during the Promotion Period. Winner will be selected via a random drawing occurring between February 17, 2021 and February 23, 2021. Entrants need not be present to win. Odds of winning a Prize depend on the number of eligible Entries received. Prize Winner will be notified via social media or email using the contact information provided in connection with their Entry. Winner may be required to sign and return an affidavit of eligibility, a liability release, and, where lawful, a publicity release within seven (7) days of notification. Winner may be required to provide a Social Security Number or an Individual Taxpayer Identification Number or a Federal Tax Identification Number to Sponsors for tax purposes. If the affidavit and release are not signed and returned within seven (7) days, if the selected Winner declines the Prize, or if the Prize notification is returned to Sponsors as undeliverable, then an alternative Winner will be selected. Instructions on claiming and/or receiving the Prize will be provided to the Winner at the time of notification.
TAXES: Any valuation of the Prize is based on available information provided to the Sponsor, and the value of any Prize awarded to a Winner will be reported for tax purposes as required by law. Winner is solely responsible for reporting and paying any and all applicable taxes related to the Prize and paying any expenses associated with any Prize(s) which are not specifically provided for in the Official Rules. Winner must provide the Administrator with a completed IRS Form W-9 with valid identification and a valid taxpayer identification number or social security number before any Prize will be awarded. Any person winning over six hundred dollars ($600.00) in Prizes which is paid directly to the person from the Administrator will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
CONDUCT AND DECISIONS: By participating in the Promotion, Entrants agree to be bound by the Official Rules and decisions of Sponsor. Persons who violate any rule, gain unfair advantage in participating in the Promotion, or obtain Winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Promotion and the Sponsor’s decisions concerning such disputes shall be final. If the conduct or outcome of the Promotion is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Sponsor, the Sponsor reserves the right to terminate this Promotion, or make such other decisions regarding the outcome as the Sponsor deems appropriate. All decisions will be made by the Sponsor and are final. The Sponsor may waive any of these rules in its sole discretion. Any attempt by an Entrant or any other individual to deliberately alter, circumvent, disrupt, damage any website, or undermine the legitimate operation of this Promotion is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.
RELEASE: By completing an entry or accepting a Prize, all Entrants release the Sponsors, and their subsidiaries, affiliated companies, officers, directors, representatives and employees, from any and all liability for any loss, harm, injuries, damages, cost or expenses arising out of or relating to the participation in this Promotion or the acceptance, use, or misuse of the Prize. Entrants further acknowledge that Sponsors are not responsible or liable for the warranty, representation, or guarantee, express or implied, in fact or law, related to the Prizes. By participating, Entrants agree to these Official Rules. Any taxes imposed upon a Prize will be the sole responsibility of the Winner.
WINNER LIST: For a Winner list, where required by law, send a stamped, self-addressed envelope by May 11, 2021 to Rachel Allard, Union Street Media, 444 South Union Street, Burlington, VT 05401.
TERMS AND CONDITIONS: All terms and conditions are incorporated into the rules of this Promotion.
JURISDICTION: By entering, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of Vermont without giving effect to any choice of law or conflict of law rules and the United States of America applicable to contracts made and performed entirely in Vermont and where the relevant contacts are with such state. By entering, Entrants consent to the jurisdiction and venue of the federal, state, and local courts located in Burlington, Vermont.
CHOICE OF LAW: Any and all legal disputes and lawsuits between Entrants and Sponsor shall be governed by the laws of the State of Vermont.
SPONSOR: Union Street Media, 444 South Union Street, Burlington, VT 05401 is the sole sponsor. Sponsor reserves the right to change or cancel the promotion at any time. The Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, LinkedIn, YouTube, Twitter, or any other platform where Promotion content, including advertising, may appear.
ADMINISTRATOR: Union Street Media, 444 South Union Street, Burlington, VT 05401.
ADDITIONAL TERMS AND CONDITIONS: The below terms and conditions apply to all Prizes provided by Union Street Media.
Terms and Conditions Agreed to by Winners of Union Street Media Products and Services, Including, But Not Limited To, Turnkey Website, Premium Website, Agent Training, Local Content Creation, Listing Videos, Technical SEO Audit and Strategic Advising Session, Website Hosting, Paid Search Advertising Campaign Setup, Graphic Design for Online Ads, Display Advertising Campaign Setup, Facebook Advertising Campaign Setup, Email Marketing Content, Competitor and Market Analysis, Logo Design Services, and individual website features such as a Map Search Upgrade:
The Official Rules together with the terms below, will become the binding agreement of Union Street Media and Winner (the Official Rules, together with the terms set forth below, are collectively referred to as the “Agreement”).
Services: Union Street Media will provide Winner with website, digital marketing, and/or consulting services as indicated in the Prize section of the Official Rules (“Services”). Winner is responsible for the monthly fees associated with Prize, including but not limited to monthly website hosting for a Turnkey website or Premium website, monthly digital marketing services if ongoing services are desired, and any ongoing advertising costs associated with buying ad space (“Media Spend”) for Paid Search advertising, Facebook advertising, and/or Display advertising campaigns.
Opt-Out: Winner has the ability to decline a Prize if they are selected as the Winner via the random drawings. The Sponsors will not provide substitute Prize(s).
Fees/Rates: Winner understands and agrees that Services in addition to the Prize(s) specified in the Prize section of the Official Rules set forth above are billed on an hourly basis at Union Street Media’s hourly rates then in effect. Union Street Media’s rates are currently $175.00 per hour for Project Planning & Management, Site Design, Content Conversion, Site Production, Evaluation & Launch, Training, Digital Marketing, Software Development, Programming/Database Integration, and Content Management System Customization work. Such hourly rates are subject to change upon 60 days prior written notice to Winner. Winner further understands and agrees that “estimates” or “estimated hours” provided to Winner are subject to change. If Services exceed any estimates provided to Winner, then upon email, hard copy or verbal notification to Winner, Union Street Media shall perform the additional work at the applicable hourly rates.
Payment: Deposits are not refundable. All payments shall be payable to: Union Street Media, 444 South Union Street, Burlington, Vermont 05401. Late payments will accrue interest at a rate of 1.5% a month. Union Street Media reserves the right to disable the Winner’s web site if any payment is over ten (10) days past due. In the event that Union Street Media brings any action to collect payment, the Winner agrees to pay Union Street Media its reasonable attorney’s fees and all other reasonable costs incurred by Union Street Media in the collection of such amounts. All payments made under this Agreement are non-refundable. If Winner pays by credit card, and later disputes the charge, Winner agrees not to request a charge-back from its credit card issuer unless and until Winner has made a good faith effort to resolve the dispute directly with Union Street Media. Winner agrees to submit any request for a charge-back to its credit card issuer no later than thirty (30) days after the date Winner made the disputed payment to Union Street Media. The Winner agrees to pay any sales, use or transfer taxes that may be applicable to the Services provided under this Agreement, including any taxes that may be assessed on audit of Union Street Media’s tax returns.
Layout & Feature Set: Website design will be laid out according to Union Street Media’s standard format and feature set. All materials prepared for or submitted to Winner, and/or incorporated in Winner’s website, including by way of example and not limitation, web pages, source code, tools, registered URL address(es) and custom web sites are the sole and exclusive property of Union Street Media (“Union Street Media Materials”) excluding, however, all content or other proprietary information provided by Winner, Winner’s existing URL address(es) and Winner’s trademarks (“Winner Materials”). During the term of this Agreement, Union Street Media hereby grants Winner a personal, non-transferable, non-exclusive license to use the Union Street Media Materials, but solely in connection with the web site designed by Union Street Media under this Agreement and solely for so long as such web site is hosted by Union Street Media under this Agreement. Winner retains sole and exclusive ownership of the Winner Materials. Union Street Media shall have the right to use the Winner Materials solely to provide Services to Winner under this Agreement. Union Street Media has the right to put a copyright statement, identifier, and link to its site, www.unionstreetmedia.com, from the Winner’s site at the bottom of each page on the Winner’s web site.
Proof, Errors & Omissions: Union Street Media will post all pages on the web upon design & update completion for Winner’s review. Following written notice from Union Street Media, Winner shall review and approve such pages within five (5) business days. If there are any errors or omissions on the pages, Union Street Media is responsible for making corrections within five (5) business days of written notification from the Winner.
Delivery: Union Street Media agrees to complete the Services based on a mutually negotiated schedule. Winner must provide accurate and complete information and other materials to Union Street Media. The Winner shall be responsible for the completeness of all information provided. Union Street Media reserves the right to adjust the schedule in the event that the Winner fails to meet agreed deadlines for submission of Winner Materials or granting approvals and to allow for changes in the scope or complexity of Services from those stated in this Agreement. Delay on the part of the Winner shall not affect the schedule of payments from the Winner to Union Street Media. Union Street Media reserves the right to withhold delivery of the Services until full and final payment is received from the Winner, including any supplemental charges above those stated in this Agreement.
Warranty: Union Street Media warrants that all Services will be provided in a professional manner, with respect to the Web Site Development Services, such warranty shall expire for all purposes six (6) months after Winner commences live production use of its web site. In the event of any breach of this warranty, Winner’s sole remedy and Union Street Media’s sole liability shall be the reperformance of the Services. EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, NO EXPRESS OR IMPLIED WARRANTY, STATUTORY OR OTHERWISE, IS MADE WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Winner Representations: Winner warrants and represents that Winner is the owner of all Winner Materials, and that Winner’s and Union Street Media’s use thereof in connection with Winner’s website will not infringe any intellectual property right or contract right of any third party. Winner further represents that the above representation shall be true and correct as throughout the term of this Agreement.
License: Winner hereby grants to Union Street Media a royalty free, perpetual, right and license to use any and all data collected by Union Street Media arising from or related to the end user’s use of the Winner’s website. This license includes the right to aggregate such data and to transfer such data to others for their use. This license will remain in force following any termination of this Agreement.
Limitation of Liability: THE TOTAL LIABILITY, IF ANY, OF UNION STREET MEDIA INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OR FAILURE OF WARRANTY, OR OTHERWISE SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY WINNER TO UNION STREET MEDIA UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRECEDING THE DATE THE CLAIM(S) AROSE. UNION STREET MEDIA SHALL NOT BE LIABLE TO WINNER OR ANYONE ELSE FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, LOSS DUE TO DELAY IN PERFORMANCE OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF UNION STREET MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification: Winner agrees to defend, indemnify and hold Union Street Media, its officers, directors, agents, employees, interns and representatives harmless from and against any and all allegations, claims, demands, breach, liabilities, actions, judgments, losses and expenses, arising out of or related to Winner Materials, and Winner’s customers, products, web site(s) and services, including, without limitation, (i) any injury of person or property caused by any products or services sold or otherwise distributed over the Winner’s web site; or (ii) any actual of alleged infringement of third party intellectual property rights or contract rights arising from or related to Winner Materials or any other action or omission of Winner. Governing Law; Venue: The laws of the State of Vermont shall govern this agreement. Any lawsuit under or related to this Agreement shall be brought solely and exclusively in the federal and state courts located in the State of Vermont, and the parties consent to the exclusive jurisdiction of such courts.
Union Street Media agrees to defend, indemnify and hold the Winner, its officers, directors, agents, employees, interns and representatives harmless from and against any and all allegations, claims, demands, breach, liabilities, actions, judgments, losses and expenses, arising out of or related to Union Street Media Materials, and Union Street Media’s customers, products, web site(s) and services, including, without limitation, (i) any injury of person or property caused by any products or services sold or otherwise distributed over Union Street Media’s web site; or (ii) any actual of alleged infringement of third party intellectual property rights or contract rights arising from or related to Union Street Media’s Materials or any other action or omission of Union Street Media. Governing Law; Venue: The laws of the State of Vermont shall govern this agreement. Any lawsuit under or related to this Agreement shall be brought solely and exclusively in the federal and state courts located in the State of Vermont, and the parties consent to the exclusive jurisdiction of such courts.
Confidentiality: The Winner agrees that this Agreement (including the proposal set forth in the cover sheets) is being provided to the Winner on a confidential basis. The Winner shall not make any use of this Agreement other than for the purposes of considering whether or not it wishes Union Street Media to implement the proposal and shall not disclose its contents to any other party. If requested at any time, this Agreement shall be returned to Union Street Media immediately. No copies of the proposal or Agreement may be made without written consent of Union Street Media. Winner agrees to be bound by this provision whether or not the parties enter into the Agreement.
Entire Agreement: This Agreement contains the entire understanding of both parties, and supersedes all previous and contemporaneous communications, representations, understandings or agreements with respect to the subject matter hereof. Except with respect to additional charges for Services, this Agreement may be modified only in a writing designated as an amendment and signed by both parties. If any provision of this Agreement is deemed invalid, such determination shall not invalidate any other provision in the Agreement. By entering the Promotion, the parties agree to be bound by this Agreement.