Survey Promotion Legal Disclaimer

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Official Rules

AmTrust North America, Inc. (“AmTrust”)
Serve you better Survey Campaign

NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
VOID WHERE PROHIBITED.

 
1.  Eligibility Requirements: Only those participants who (i) complete the entry form at  https://www.surveymonkey.com/r/99KB6L3?email={{conta.email}} by providing and submitting all requested information, (ii) own the small business that is the subject of the entry form, (iii) are at least 21 years of age or older as of the date of entry, and (iv) are legal residents of the 50 United States and the District of Columbia are eligible to win. This promotion is void (i) outside the United States (including U.S. territories and possessions), (ii) in ANY EXCEPTED STATES, and (iii) where prohibited or restricted by law. Employees of AmTrust, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, and their immediate family members and/or those living in the same household are not eligible.

2.  Promotion Period: The promotion begins on June 1, 2018, 12:00 a.m. EST and ends August 1, 2018 11:59 pm time EST. All entries must be received by August 1, 2018 11:59 pm time EST.

Consumer Disclosure on Prizes: The winner of the promotion will receive a gift card with a retail value of $100. The odds of winning depend on the number of eligible entries received. Use of gift cards is subject to the terms, conditions and policies of the issuer.  

3.  Additional Disclosure on Prizes: Any and all prize-related expenses, including without limitation any and all federal, state, local taxes, shall be the sole responsibility of the winner. Participant shall provide any information required for tax filings with the IRS such as proof of social security number.  No substitution, cash redemption or transfer of prizes is permitted except at AmTrust’s sole discretion. Acceptance of any prize constitutes permission for AmTrust, anyone acting on behalf of AmTrust, or AmTrust’s licensees, successors, and assigns to use winner’s entry for marketing, advertising, or promotional purposes without further compensation, notice, review or consent, except as limited or prohibited by law.  Winner may be required, at AmTrust’s sole discretion, to complete, sign and return an affidavit of eligibility, a liability release, a publicity release where lawful, or any other information necessary to determine whether the entry is valid within a stated amount of time.

4.  How to Enter: The promotion must be entered by completing the survey at https://www.surveymonkey.com/r/99KB6L3?email={{conta.email}} . The entry must fulfill all requirements, as specified, to be eligible to win a prize. Entry times will be determined using AmTrust’s computer, which will be the official clock for the promotion.  Entries made by facsimile, overnight courier, third party entry service, or in any other manner not specifically allowed under these Official Rules or which are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules (in each case at the sole discretion of AmTrust) will not be entered into the promotion. Only one entry per business address.  All entries become the exclusive property of AmTrust and will not be acknowledged or returned except as expressly provided herein.

5.  Winner Selection and Notification: Winner will be selected within one (1) month of the promotion ending date by a random drawing held among all eligible entries.  No participant shall be a winner until the prize claim is validated and the winner receives official written notification from AmTrust. In the event of a dispute about the identity of the winner, the winning entry will be determined based on the authorized account holder of the e-mail address submitted at the time of entry.  Authorized account holder is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.  AmTrust will attempt to notify winner using the email address provided within 1 week following selection of winner. To claim the prize, the winner must send a reply email to AmTrust’s notice of winning email from the email address used to enter within thirty (30) days of the date of AmTrust’s notice of winning email.  AmTrust shall have no liability for winner’s failure to receive notices due to spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. If winner cannot be contacted, is ineligible, fails to claim the prize within thirty (30) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate winner selected. Receipt by winner of the prize offered in this promotion is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by winner, as determined by AmTrust in its sole discretion, will result in disqualification of the winner and forfeiture of any prize.

6.  Rights Granted to AmTrust by Participant: By entering this promotion, participants agree that AmTrust, anyone acting on behalf of AmTrust, and AmTrust’s licensees, successors, and assigns, shall have the right, where permitted by law, to use in any media now known or hereafter developed, in perpetuity and throughout the world for purposes of services, trade, advertising, marketing, or promotion, without any further compensation, notice, review, or consent.
 
7.  Release & Waiver: As a condition to entering this promotion, participants (i) agree to release and hold harmless AmTrust and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, loss, injuries, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such participants’ participation in the promotion and/or their acceptance, possession, use, or misuse of any prize or any portion thereof, and (ii) waive all rights to, punitive, indirect, incidental, consequential damages, attorney’s fees, or any other damages other than participant’s actual out-of-pocket expenses incurred to participate (i.e. costs associated with entering this promotion).

8.  General Rules: All applicable federal, state and local laws apply. In the event of a discrepancy or inconsistency between disclosures or other statements contained in any promotion-related materials or notifications and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

AmTrust reserves the right, in its sole discretion, to disqualify any participant or void any entry resulting from (i) tampering or attempted tampering with the entry process through the use of multiple IP addresses, email addresses, identities, or devices (ii) the use of bots, macros, scripts, or other technical means for entering, or (iii) any other circumvention or attempted circumvention of the Official Rules.

AmTrust reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion should any virus, bug, non-authorized human intervention, fraud, technical problem, or other cause beyond AmTrust’s control corrupt or affect the administration, security, fairness, or proper conduct of the promotion. In such case, AmTrust may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by AmTrust.

AmTrust is 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 any computer, cable, network, hardware, software, other mechanical equipment, phone lines, telephone systems or other communications systems), destruction of or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, internet, software or telephone transmissions; (iv) damage to entrants' or any person's computer; (v) unauthorized human intervention in any part of the entry process or the promotion; (vi) electronic or human error in the administration of the promotion or the processing of entries (vii) causes beyond AmTrust’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this promotion; (viii) incorrect or inaccurate entry information whether caused by participants or by any of the equipment or programming associated with or utilized in the promotion; (ix) any typographical or other error in the printing or advertising related to the promotion, in the administration or execution of the promotion, or in the announcement/notification of prize winners; or (x) cheating or fraud by any participant.

Caution: Any attempt by any participant to deliberately damage or undermine the legitimate operation of the promotion may be a violation of criminal and civil laws. Should such attempt be made, AmTrust reserves the right to disqualify, prosecute, and seek damages from such participant to the fullest extent permitted by law.

As a condition to participating in this promotion, participants agree to be unconditionally bound by these Official Rules and represent and warrant that they meet the eligibility requirements. In addition, participants agree to accept the decisions of AmTrust as final and binding as it relates to participation in the promotion.
 
9.  Disputes/Venue/Governing Law: As a condition to participating in this promotion, participants agree that (i) any and all disputes, claims that cannot be resolved between the parties and causes of action arising out of, or connected with, this promotion or any prize awarded (if applicable) shall be resolved individually, without resort to any form of class action, and exclusively by a court having jurisdiction in New York, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in connection with entering this promotion (i.e. costs associated with entering this promotion) but in no event attorneys’ fees; and (iii) 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 AmTrust in connection with the promotion shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws. 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 promotion-related materials or notifications and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

10.  Privacy Policy: Any personal information collected through this promotion is subject to AmTrust’s Privacy Policy. By entering this promotion, participants agree to the use of personal information as described in the Privacy Policy.

11.  Winners List: To obtain a list of winners, mail your request along with a stamped, self-addressed envelope to: AmTrust North America, Inc., 800 Superior Avenue E., Cleveland, OH, 44114, Attn: Mark Gunn. Requests must be received no later than September 1, 11:59 pm, EST – required to keep list of winners, prizes and dates of selection for two years (TX).

12.  Sponsor: The sponsor of this promotion is AmTrust North America, Inc., 800 Superior Avenue E., Cleveland, OH 44114.