Kustomer Connected Service Sweepstakes 

OFFICIAL RULES  

To enter the “Kustomer Connected Service Sweepstakes” (the “Sweepstakes“), you (on behalf of yourself personally and your eligible Business, as defined below) must agree to and abide by these Official Rules. 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. 

THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER OR TIKTOK.  

1. Eligibility: The Sweepstakes is open only to individuals who are legal residents of the fifty (50) United States (including Washington D.C.), who (i) are at least eighteen (18) years of age (or the age of majority in their jurisdiction of residence) and (ii) are either employed by or own an eligible Small or Mid-Sized Business (as defined below, “Business”) and/or who have the authority from a Small or Mid-Sized business owner to submit an entry on behalf of such Business. “Small or Mid-Sized Business” is defined as a consumer-focused business that sells goods or services online (as well as otherwise) to consumer end users (e.g., business is not a wholesaler or distributor of goods/services; business does not sell goods/services to any governmental entity or to other businesses), located and operating in the fifty (50) United States (including Washington DC) with annual revenue equal to or more than $1M (but not exceeding $250M), excluding franchisees, licensees and independent owner/operators of larger business entities. (Federal, state, county and municipal/local governmental bodies as well as businesses which are public/private partnerships or joint ventures are NOT eligible.) You are not located in a country that is subject to comprehensive sanctions nor are you included on any denied party listing published by U.S or EU governmental authorities Valid e-mail account and Internet access required. All other persons (i.e., members of the general public) are NOT eligible. In addition, to be eligible, the Business must (a) be in good standing with the jurisdiction under whose law it is incorporated/organized (with all taxes having been paid and all business licenses being current and valid): (b) NOT a party to any existing or pending litigation or any existing or pending governmental investigation; (c) NOT had  an agreement with Sponsor terminated by Sponsor due to their breach of same; (d) NOT engaged in certain trades or areas as set forth in Exhibit A and (e) NOT be a competitor of Sponsor or any of the Promotion Entities as defined below. Moreover, and without limitation, employees, officers and directors of Sponsor, Administrator, barrettSF, CSM Sport & Entertainment, Inc., Mediasmith, Inc.,  any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, or supplying the prize (or any portion of the prize), and/or their respective parent companies, subsidiary, affiliated and successor companies (collectively, the “Promotion Entities”), and the immediate family and household members of any of the foregoing individuals, are not eligible to enter a Business in the Sweepstakes (even if such Business is eligible). “Immediate family members” shall mean parents, legal guardians, step-parents, children, step-children, 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 legally related or not. Potential Winner (i.e., the Business owner of winning Business or authorized representative of winning Business, as the case may be) will be required to provide proof of eligibility of themselves and corresponding Business in order to receive prize award; if an individual who submitted an entry in the Sweepstakes is not the owner of the corresponding Business, such proof of eligibility will include written authorization from the Business owner permitting such individual to enter the underlying Business in the Sweepstakes. Void where prohibited by law.  

Further, in order to be eligible, Business owner (whether or not he/she/they actually submitted Sweepstakes entry), authorized representative of Business (if applicable) as well as the Business itself must not have been charged with a felony or a crime of moral turpitude. By entering or authorizing someone to enter the Business, Business owner understands and agrees that, if his/her/their Business is selected as the potential Winner, he/she/they will be required to consent to a background check on him/her/themselves personally as well as on the underlying Business to verify eligibility. (In addition, if an authorized representative of the Business submitted the Sweepstakes instead of the Business owner him/her/themselves, such authorized representative will also be required to consent to a background check if the corresponding Business is selected as the potential Winner). In addition, Sponsor reserves the right in its sole discretion, to disqualify the potential Winner if the results of such background check reveal that such potential Winner (i.e., the Business, or the Business owner or authorized representative, personally, as the case may be) is not eligible to participate in the Sweepstakes or has been convicted of a felony or a crime of moral turpitude, as determined by Sponsor in its sole discretion. 

2. Sweepstakes Period: The Sweepstakes begins on or about 9:00:00 a.m. Eastern Time (“ET“) on 3/26/23 and ends at 11:59:59 p.m. ET on 5/15/23 (“Promotion Period“). Administrator’s computer is the official clock for this Sweepstakes. 

3. Sweepstakes Entry: Navigate the Internet to kustomer.com/sweeps-2023 (“Website“). You will be instructed to complete an entry form to register for the Sweepstakes by submitting Business e-mail address, company name, your first name, last name, job function, size of support team as of date of entry and business location [if business has multiple locations, the primary business location] (“Entry“). To submit your Entry, click the “Enter” button on the Sweepstakes page. Proof of inputting information at the Website is not considered proof of delivery to or receipt by Sponsor or Administrator. Receipt of Entry will be acknowledged but such acknowledgment does not constitute a representation by Sponsor or Administrator as to eligibility of entry and is not otherwise binding upon Sponsor or Administrator.

Carefully read these Official Rules, and Sponsor’s Privacy Policy (available at https://www.kustomer.com/privacy/policy/). Submitting an entry signifies that you have read, fully understand and agree to these Official Rules and Sponsor’s Privacy Policy on behalf of yourself and the corresponding Business. DO NOT SUBMIT AN ENTRY WITHOUT FIRST REVIEWING THESE OFFICIAL RULES. 

You may be asked to consent to promotional e-mails and reminder e-mails from Sponsor. Consenting to receive promotional e-mails and reminder e-mails is optional and does not have to be agreed upon in order to be eligible to participate in the Sweepstakes and does not improve your/your Business’ chances of winning. In the event you do consent to receive these e-mails, the use of such e-mails shall be subject to the Sponsor’s privacy policy (https://www.kustomer.com/privacy/policy/), and you may opt out of receiving these e-mails at any time. 

If you opt to access the Website (for entry as per above) via your wireless mobile device, data rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions. 

Limit of one (1) ​ ​Entry per Business during the Promotion Period; and, a given person may only enter once on behalf of one (1) Business (even if he/she owns more than one Business).  Multiple Entries in excess of the preceding limitations or mass Entry attempts will result in disqualification of the person and void all Entries related to such conduct. Use of automated/programmed/robotic means of submitting an Entry or other artifice or device to participate in the Sweepstakes is prohibited and any Entry submitted/received using such means will be voided and the individual and corresponding Business disqualified from participation in the Sweepstakes. Promotion Entities will not be responsible for garbled, corrupted, jumbled, incomplete, damaged, inaccessible or misdirected Entries, or for Entries not received or recorded for any reason; and, all such Entries are void. 

4. Random Drawing and Odds: One (1) potential Grand Prize winner will be randomly selected on or about June 1, 2023 from among all eligible Entries received. The drawing will be conducted by Administrator, an independent judging organization whose decisions are final on all matters related to the Sweepstakes. 

Odds of winning depend on the number of eligible Entries received. 

5. Winner Notification: Selected entrant will be notified by e-mail on or about June 1, 2023. Failure to respond to the initial verification e-mail within three (3) business days after notification or return of e-mail notification as undeliverable after three (3) attempts will result in disqualification. If the selected entrant is not the owner or authorized representative of the Business identified in the selected Entry, such selected entrant will be required to forward Prize Claim Documents to such owner/authorized representative. Potential winner (i.e., the owner of the potentially winning Business or the authorized representative of the potentially winning Business​)​ will be required to complete, sign and return within three (3) business days of date of notification an Affidavit of Eligibility, Liability Release and Indemnification, a W-9, the necessary paperwork for a background check, and, except where prohibited, a publicity release,​ a marketing agreement with Sponsor’s parent company, Meta Platforms, Inc.,</s pan>​ as well as other documents that Sponsor may require (collectively the “Prize Claim Documents“). Sponsor will require, and Winner must be willing to voluntarily submit to and complete a background check on him/her/themselves, authorized representative of Winning Business (as applicable) and Winning Business itself (providing any additional consents and materials as requested by Sponsor so as to conduct the background check) as a condition of continued eligibility. If the results of such background check are unsatisfactory, as determined in Sponsor’s sole discretion, such Winner may be deemed ineligible (in which case​ ​ Sponsor and Administrator shall not have any liability to such Winner (i.e., the owner/authorized representative of the Winning Business and/or the winning Business itself), under any legal theory). If the Prize Claim Documents are not returned to Administrator within the specified time period or if prize notification or prize is returned as non-deliverable, or if potential winner  (i.e., the owner/authorized representative of the Winning Business and/or the winning Business itself), is found to be ineligible or otherwise not in compliance with these Official Rules, or declines the prize for any reason prior to award, prize will be forfeited and potential winner may be disqualified and an alternate winner may be selected from all remaining eligible Entries received during the Promotion Period. 

In the event of any dispute concerning the identity of any entrant, the Entry will be deemed submitted by the natural person who is the authorized account holder of the transmitting e-mail account used to enter the corresponding Business in the Sweepstakes who must be either the owner or an authorized representative of the corresponding Business. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. 

 

Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor reserves the right to conduct the Sweepstakes and award the prize by means of a random drawing comprised of all eligible Entries​ ​​ received ​prior to and/or after the action taken by Sponsor or otherwise award the prize in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on the Website. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received ​ ​ on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from participation in or downloading any materials from this Sweepstakes. 

Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR TO DEFRAUD SPONSOR AND/OR ITS AGENCIES INCLUDING ADMINISTRATOR AS TO SWEEPSTAKES ENTRY VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW. 

6. Prize and Approximate Retail Value (“ARV”): 

Grand Prize (One [1] Winner): Grand Prize winner will receive ​​$50,000​​ Meta Ad Credits; ​ a Kustomer swag bag consisting of the following items: including a ​lip balm, belt bag, mints, Kustomer enamel pin, hand sanitizer and Meta sticker​; ​​and a​ one (1) year Ultimate Plan subscription to Kustomer Platform for up to fifty (50) licenses (subject to kustomer’s subscription terms and conditions provided that the Grand Prize shall not be subject to auto-renewal).  The (1) one year license period will start at the election of the Grand Prize winner, but not prior to the date the Grand Prize Winner is announced and not later than ninety (90) days thereafter.  Add-on services such as Kustomer’s KIQ offering or professional services are not included as a part of the Grand Prize and are subject to the additional fees as describes on Kustomer’s website.​     ​Meta Ad Credits are subject to terms and conditions therewithin, which may include expiration dates. Use of ad Credits. Applicant will not use Advertising Credits (“Ad Credits”) for the purpose of furthering any business activity relating to the production, development, promotion sale or distribution of: (i) tobacco, vaping and related products; (ii) recreational drugs, or unsafe supplements; (iii) weapons, ammunition, or explosives; (iv) adult products or services; (v) penny auctions; (vi) multilevel marketing models; (vii) third-party infringement payday loans; (viii) paycheck advances; (ix) bail bonds; (x) discriminatory advertising; (xi) religious advertising; (xii) social issues, elections or politics; (xiii) State lotteries; (xiv) cosmetic surgery or similar procedures; (xv) weight loss products and plans; (xvi) real money gambling; (xvii) alcohol; or (xviii) illegal products or services. Applicant further agrees not to use Ad Credits provided under this program in any way that would violate applicable laws, including, without limitation, in any manner that would constitute bribery, an illegal kickback, an illegal campaign contribution, or any other violation of applicable anti-corruption, political activity, economic sanctions, or other laws (collectively, “Ad Credit Restrictions”).  

Ad Credits. To the extent you receive Facebook ad credits, you acknowledge and agree that the Ad Credit may be used only for future purchases of advertising inventory from Facebook through Facebook’s online self-service tool (subject to Facebook’s standard applicable terms) for display on the Facebook platform (including Instagram) to advertise your products or services and is not transferable to any third party. Unless expressly authorized by Facebook, the Ad Credit cannot be used to fulfill (or set off) outstanding debts or fees. The Ad Credit must be used by 11:59 p.m. Pacific Standard Time 90 days from when the credits have been depositied into the winner’s account, and they may not be exchanged for cash. Your receipt and use of any Ad Credit is subject to Facebook’s internal eligibility standards and the terms and conditions currently located at https://www.facebook.com/legal/couponterms (the “Credit Terms”). The Credit Terms are considered Supplemental Terms for purposes of the Terms. The Ad Credit cannot be used: (i) in any way that would violate the Ad Credit Restrictions listed in Section 6 (including, for clarity, by running ads promoting any of the items listed in Section 6); or (ii) for ads that would be classified as ads about social issues, elections or politics under Facebook Policies as described at https://www.facebook.com/business/help/167836590566506?id=288762101909005. Please note that Ad Credits are deducted as the first form of payment once they are activated within an Applicant’s account. 

 ARV: $133,410.00 Award of Grand Prize is subject to written company policies of winning Business as to receipt of prizes/awards/gifts from third party entities (to the extent applicable). 

 ​​​​ ​​ 

​​Style, color and size of gift bag items are subject to availability. No substitution, transfer or cash redemption of prize (in whole or in part) except with Sponsor’s permission. Any images of prize/prize components in advertising are for illustrative purposes only and actual items awarded as prize/prize components may differ from such images for various reasons; and Sponsor and Administrator disclaim any and all liability in conjunction therewith. If for any reason prize becomes unavailable (in whole or in part), Sponsor may award a substitute prize of equal or greater value.​

All federal, state and/or local taxes are the sole responsibility of the Winner (i.e., the winning Business and the owner of the winning Business), who will receive an IRS Form 1099 reflecting the actual final retail value of the Prize.

Sponsor makes no warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of ​ ​prize (or portion thereof), including, without limitation, its quality, merchantability or fitness for a particular purpose other than any express warranty provided by Sponsor on its products which is limited to its terms. 

 
7. Conditions and Limitations of Liability: By participating, each entrant agrees: (i) to be bound by these Official Rules and the decisions of Sponsor/Administrator, which shall be final and binding in all respects; and (ii) to release and hold harmless Promotion Entities, each of their respective advertising and promotion agencies, each of the foregoing entities’ respective parent, subsidiary, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns, and any persons involved in the Sweepstakes, as well as Meta Platforms, Inc., TikTok Inc., and Twitter, Inc. (collectively, the “Released Parties“) from any and all actions, claims, injuries, losses or damages, including, without limitation, death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, from participation in this Sweepstakes or any Sweepstakes-related activity and/or from entrant’s acceptance, receipt, use or misuse of the prize or any component thereof. By accepting the prize, Winner (on behalf of him/her/themselves and the corresponding Business) grants Sponsor and its licensees, successors, assigns and designees irrevocable permission to use his/her/their name, voice, likeness, photograph, prize information, biographical data and city and state of residence as well as publicly available information regarding the business on a winner’s list and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation or notice, unless prohibited by law. Sponsor and its designees are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. All federal, state and local laws and regulations apply. All federal, state and local laws and regulations apply.  
 
8. Disputes; Choice of Law: To the fullest extent permitted by law, Entrants (on behalf of him/her/themself and the corresponding Business) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the Winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes (if any) but in no event attorneys’ fees; and (3) under no circumstances will Entrant or the applicable Business be permitted to obtain awards for and Entrant (on behalf of him/herself and the corresponding Business) hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Sponsor will defray all costs of individual’s participation in arbitration proceeding as may be required by arbitrator. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant, Business and/or Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, United States of America, without regard for conflicts of law doctrine, and all proceedings shall take place in the City of New York, County of New York, United States of America.  

9.Sponsor: Kustomer, LLC, 1601 Willow Road, Menlo Park, CA 94025 

10. Administrator: Probability, LLC, 2 Woodstock Meadows Ln, PO Box 1484, Woodstock, NY 12498. 

11. Winner’s List: For the name of Winning Business, mail a self-addressed, stamped envelope to: Kustomer Super Service Sweepstakes Winner, c/o Probability, PO Box 1559, Social Circle, GA 30025-1559. All such requests must be received by May 15, 2023. 

EXHIBIT A 

PROHIBITED TRADE/LINE OF WORK  

• Not-for-profit, including any business which donates a portion of its proceeds to charity. 
• Political fundraiser or activism. 
• Manufacturer, distributor or retailer of health and wellness products, including dietary and nutritional supplements or energy drinks.  
• Alcohol beverage licensee of any kind, including wholesalers, retailers, distributors and importers of distilled spirits, wine and/or malt beverages.  

• Time-share or other investment opportunities of any kind. 
• Gambling enterprise.  
• Adult entertainment. 
• Manufacturer, distributor or retailer of controlled substances, tobacco, e-cigarettes or cannabis. 
• Manufacturer, distributor or retailer of firearms and other forms of weapons.  

• Businesses engaged in illegal, potentially illegal, or illegitimate activities as adjudged in Sponsor’s determination