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Keep Going Grant Rules

Official Program Rules and Regulations

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

Chances of winning depend ‎on the total number of eligible entries received and the judges’ decisions.

Sponsor: Infusion Software Inc., d/b/a Keap, with an address of 1260 S. Spectrum Boulevard, Chandler, Arizona, 85286 (the “Sponsor”). Attention: Keep Going Grant/Keap Marketing.

Eligibility:
The Keep Going Grant (the “Program”) is open only to legal residents of the 50 United States and District of Columbia (“D.C.”), who at the time of entry are independent owners/operators of an eligible for-profit small business (as described in more detail below) that (i) is domiciled in the eligible jurisdictions which has been in continuous operation selling a product or service for not fewer than twelve (12) months as of July 6, 2020 and (ii) has no more than ten (10) employees (sole proprietors are considered as an employee and part-time employees are included). 

In order to be considered an eligible “Small Business” for purposes of this Program, the business must also meet all of the following criteria:
    • Entrant/owner must be at least eighteen (18) years of age at the time (or the age of majority in their jurisdiction of residence, at the time) of Entry Submission;
    • The business must be currently active, lawful, have all necessary and required licenses and registrations;
    • Entrant/owner must be an authorized agent of the registered business;
    • Neither the business itself or any owner of nor any investor in the business may be:
      • a previous Keep Going Grant Winner;
      • a current Keap investor; and
    • The business must not be under bankruptcy protection or have judicial liens or attachments.
Additional Eligibility Requirements:
    • Half, or $50,000 of the available total amount to be awarded of $100,000 will be allocated to Black-owned businesses that have been impacted by COVID-19. 
    • Applicants in Keap’s prior Keep Going Grant contest who did not receive an award, may apply.
Sponsor shall determine, in its sole discretion, whether an entry meets the eligibility criteria to participate in the Program. Sponsor’s decisions regarding eligibility and all other aspects of the Program are final and binding.

Any individuals (including, but not limited to, employees, consultants, independent contractors and interns) who have, within the past six (6) months, held employment with or performed services for Sponsor or the third party drawing company or who are contest judges, are not eligible to enter or win.  Immediate family members (parent, child, sibling, spouse of each) and those living in the same household of any of the foregoing for three (3) months or more a year are also not eligible ("Household members").

By entering the Program, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor and Program Entities, which will be final and binding in all matters relating to the Program. This Program is void in all U.S. Territories, (e.g., Puerto Rico and Guam) and where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.

By entering the Program and providing an email address, each Entrant grants Sponsor express permission to send Entrant emails related to the Program, including, but not limited to, notification of Winners and a follow-up email in order to gather feedback regarding the Program to be used in the planning and design of future Programs.

Promotion Period: 
The entry period begins on July 6, 2020 at 12:00 AM Mountain Standard Time (MST- all times in these terms are MST times) and ends July 20, 2020 at 11:59PM (“Promotion Period”).  One hundred winners of USD $1,000 each will be selected by the judges (as described below) during the Promotion Period from entries submitted between 12:00AM on July 6, 2020 until 11:59PM July 20, 2020 and selection will be communicated to winners on August 6, 2020.

Grants: 
There will be a total of up to one hundred winners (each a “Winner” and collectively, the “Winners”) who will each be eligible to receive a USD $1,000 Grant via PayPal.

How to Enter: 
To participate in the Program, entrants (“Entrants”) are required to visit the Program website located at https://pages.keap.com/Keep-Going-Application.html (the “Program Site”) and submit an entry (the “Entry” or the “Entry Submission”) during the Promotion Period. Entrants’ internet operator standard data or communication charges shall apply for access to the internet.  Entrants will be required to provide responses to the following in each Entry:  Share your Keep Going story (in 500 words or less) and explain why you’re applying for the Keep Going Grant. Offer specifics about how your business has been impacted and what you are doing to adapt. Also, do you have any advice for other entrepreneurs?

In addition to answering the questions listed above, each Entrant will be required to submit the following information in each Entry (“Submission Materials”):
    • Name of Business
    • Name of Business Owner / Authorized Agent
    • Email Address
    • Phone Number
    • Business Website or primary website where services are offered to the public (i.e. Facebook page, etc.)
    • Street Address
    • City
    • State 
    • Black-owned business (Y/N)
A maximum of one (1) entry is allowed per Small Business. If an email address is used for entry more than one (1) time, then only the first (1st) entry is a valid entry. Entrants agree that all entries become the property of the Sponsor and will not be acknowledged or returned. The only entries that will be considered eligible entries are entries received by Sponsor within the Promotion Period.

The return of any notification as undeliverable, or failure to respond to notices or return any required documents in a timely manner, or a determination that a potential winner is ineligible or not in compliance with these Official Rules, as determined by the Sponsor, may result in disqualification of the winner and forfeiture of the corresponding Award. Any unclaimed grant money will be donated to a nonprofit organization that supports the movement or Black entrepreneurs.

Judging Period: 
Judging will take place between July 6, 2020 and July 20, 2020 (“Judging Period”). During the Judging Period, the Entrants’ submissions will be judged by a panel of judges  according to the below criteria and winners selected. 

Judging Criteria (each of the four below weighted equally):
    • Why are you applying for the Keep Going Grant (your plan for use of the funds)?
    • How your business has been impacted by the Coronavirus pandemic.
    • How you have (and will) overcome challenges and adapt. 
    • What you would advise other entrepreneurs at this time. 
Black-owned businesses will receive $50,000 of the total $100,000 available award. The judges’ decisions are final and binding.‎

Winner Notification Process:
The winners will be notified via email to the contact information provided in the entry. Notification of the winners shall be deemed to have occurred immediately upon sending of the notification by Sponsor. By participating in the Program, Entrants acknowledge compliance with these Official Rules and fully and unconditionally agree to be bound by the decisions of the Sponsor and Program Entities, which will be final and binding in all matters relating to the Program. Selected winners will be required to respond (as directed) to the notification no later than August 20, 2020. 

BEFORE BEING DECLARED A CONFIRMED WINNER, a selected Entrant must be in compliance with these rules and may be required to sign and return within fourteen (14) days of notification or prior to August 20, 2020, affidavits of eligibility, tax acknowledgement forms, liability releases and, except where prohibited by law, use of name and likeness releases and any other documentation that Sponsor may require ("Winner Documents"). 

Participation in the Program constitutes a Winner’s consent to ‎Sponsor’s use of the Winner’s name and location for promotional purposes without further ‎notification, permission, payment or consideration.

THE WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY AWARD. The Award must be accepted as awarded (with no substitutions), and may not be sold or transferred.‎ Any unclaimed grant money will be donated to a nonprofit organization that supports the movement or Black entrepreneurs.

Subject to the terms of these Rules, Winners will be provided with the Award within 45 days of the end of the Promotion Period.

Disqualification:
Sponsor reserves the right, in its sole discretion, to disqualify any Entrant at any time that it finds to be tampering with the entry process; to be acting in violation of these Official Rules; to be attempting to circumvent these Official Rules or to disrupt or undermine the Program; or to be acting in an inappropriate or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

In addition, Sponsor reserves the right, in its sole discretion, to reject and/or disqualify any entries at any time that Sponsor deems to be hate‐related, and/or material advocating discrimination against individuals or groups; related to violence of any kind; obscene, profane, disparaging, defamatory, malicious, unlawful or otherwise objectionable material, including pornographic or illicitly pornographic sexual products, adult magazines, video and software, escort services, dating services, adult "swinger" material, or anything which exploits of minors; advocating or advancing criminal hacking, cracking, or phishing; promoting unlawful software and malicious code, (such as viruses, worms, time bombs, Trojan horses and other harmful or malicious files, scripts, agents or programs), or corrupted files, hoaxes, or any other items of a destructive or deceptive nature; a violation or encouragement of conduct that would violate any applicable laws, including any criminal laws, or any third‐party rights, including intellectual property, publicity or privacy rights; debt collections, credit repair and debt relief offerings stock picks or promotions "get rich quick" and other similar offers; cryptocurrency sales and promotions or material related to "Mining" bitcoins and other cryptocurrencies; or related to pyramid schemes or network marketing (i.e. MLM) businesses, odds making and betting/gambling services, including but not limited online casino games, and sporting events. Should Sponsor determine, in its sole discretion, that any announced Winner has violated any of the prohibitions contained in these Official Rules or should be disqualified for any other reason, Sponsor shall have no obligation to provide an Award to such Entrant.

General Conditions:  
Sponsor, its agents and representatives are not responsible for and shall not be liable for: (a) electronic hardware or software program, network or computer malfunctions, failure or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any lost, delayed, ‎misdirected, illegible, incomplete or undeliverable Entries, or any delay or failure to transmit, process, ‎receive or consider Entries; (d) any participation in, or inability to participate in the Program; (e) any injury or damage to persons or property caused directly or indirectly ‎from participation in the Program; (f) receipt, use or redemption of any Award, or inability to ‎receive, use or redeem any Award; or (g) any condition caused by events beyond the control of Sponsor that jeopardize the administration, fairness security or proper conduct of the Program.

By participating, to the extent permitted by law, each Entrant agrees to release and hold Sponsor, its shareholders, directors, officers, judges, agents and representatives and event entities harmless from any and all losses, damages, rights, claims and actions of any kind (including actual legal fees and expenses)  in connection with or resulting from participation in the Program, any misrepresentation Entrant makes under these Rules or otherwise to Sponsor, Entrant’s failure to comply with these Official Rules, or acceptance, possession or use of any Award, including without limitation, and property damage and claims based on publicity rights, defamation, or invasion of privacy (whether arising in contract, tort, negligence or otherwise). 

Sponsor reserves the right, in their sole discretion and determination of fairness, and as permitted by applicable law, to cancel, terminate, modify or suspend this Program if Sponsor cannot run the Program as planned or intended. If that occurs, Sponsor may (as permitted by applicable laws) select winners from eligible entries received prior to such event or interruption or award no award. Sponsor may disqualify any Entrant who tampers with the entry process or operation of this Program or who violates these official rules. All federal, state, and local laws and regulations apply. 

Privacy and Publicity:
Information collected from Entrants is subject to the Sponsor’s Privacy Policy which can be found here

By participating in the Program, Entrant grants to Sponsor an assignable, royalty-free and irrevocable right and license to edit or otherwise use all materials submitted by Entrant in connection with the Program, in whole or in part, for any purpose and in any manner or media (including, without limitation, the Internet) now known or hereafter devised, throughout the world in perpetuity without further compensation, for promotional purposes in any media carried out by Sponsor or any related entities, except where prohibited by law. 

BY SUBMITTING SUBMISSION MATERIALS, ENTRANTS EACH ACKNOWLEDGE THAT THE SUBMISSION MATERIALS, AND ANY OTHER MATERIALS SUBMITTED IN CONNECTION WITH THIS PROGRAM, MAY BE POSTED ON THE SPONSOR’S WEBSITE, IN SPONSOR'S SOLE DISCRETION. Sponsor reserves the right to edit the Submission Materials and other materials prior to posting them to the website in its sole discretion.

Construction:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any contestant and Sponsor, shall be governed by, and construed in accordance with the laws of the State of Arizona. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

Any specific waiver of any obligation hereunder by Sponsor does not constitute a general waiver of that obligation nor of any other obligation of Entrant.

Any dispute concerning this Program shall be submitted to binding arbitration in Maricopa County, Arizona within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Official Rules shall be joined to any other arbitration initiated pursuant to these Official Rules.

Request for Name of Winner: 
A winner’s list (containing surnames and counties/cities of winners only) is available only for the ninety (90) day period following each Award.  To obtain a winner’s list, please send an email to Small Business Grant Winner’s List, [email protected]

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