Web Accessibility Ultimate Makeover

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. 

The following promotion is intended for participants in the forty-eight (48) contiguous United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the forty-eight (48) contiguous United States. Further eligibility restrictions are contained in the official rules ("Official Rules") below. Entrants are providing information to DigiPro Media, LLC.  

1. DESCRIPTION: The “DigiPro Media Website Accessibility Ultimate Makeover” (the "Competition") begins at 7:00 am Central Time (“CT”) on Monday, September 5th, 2019 and ends on Tuesday, September 17, 2019 at 11:59 pm PT (“Competition Period”). The Sponsor of this Competition is DigiPro Media, LLC, 214 E Garden Street, Pensacola, FL 32502 ("Sponsor"). The administrator of this Competition is DigiPro Media, LLC, 214 E Garden Street, Pensacola, FL 32502 (“Administrator”). 

2. ELIGIBILITY: Competition is open only to legal residents of the forty-eight (48) contiguous United States and Washington, D.C. (i.e., excluding Alaska, Hawaii, Guam, Puerto Rico and all other U.S. territories and possessions), who are physically located and residing therein. Each entrant ("Entrant") must be at least eighteen (18) years of age and the age of legal majority in their state of primary residence at time of entry. Entrant must be the rightful owner (or have authorized use) of the website associated with the entry. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator (collectively, "Competition Entities"), DigiPro Media, LLC., DigiGroup Holdings, Inc., CommonAccess, LLC., and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies are not eligible to participate in the Competition. Immediate family of such individuals are also not eligible to enter or win. For purposes of the Competition, "Immediate Family Members" shall mean parents, stepparents, legal guardians, children, stepchildren, siblings, stepsiblings, or spouses.  

3. HOW TO ENTER: There are two (2) methods of entry:  

Affiliated Association or Organization In-Person Entry: 

DigiPro Media will be present at local, regional, and national restaurant & lodging association tradeshows, meetings, conferences, and events. During these events, event participants may enter the competition by leaving a business card and/or entry form at the designated entry location. 

Online Form Entry: 

To enter online, participants may fill out the online entry form which can be accessed at https://digipromedia.com/makeover. 

Each Submission must meet the following “Submission Requirements.” Any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified: 

a. Submissions may feature the Entrant only; no other persons may be included in the Entry; 

b. Each Submission must be unique and created by the Entrant for purposes of this Competition; duplicate Entries, whether submitted on the same or via multiple entry methods, will be disqualified; 

c. Submission must meet the technical submission requirements and must comply with the terms of service for the method by which it was submitted; 

d. Submission must NOT include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights. 

Entries must be received by 11:59 pm CT on September 17, 2019. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Competition constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Competition Period, and all other dates or deadlines set in connection with this Competition, at any time and in its sole discretion and notice will be posted on these Official Rules. 

e. Entries received after the stated closing date will not be accepted. 

f. Our competition is free to enter, and no purchase is necessary 

g. DigiPro Media will not accept responsibility for entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind. 

By submitting an entry, you are agreeing to be bound by these Terms and Conditions. If you have any questions, please contact [email protected]  

4. WINNER SELECTION AND NOTIFICATION: The potential “Winner” will be selected at the discretion of the administrator. The winner will be selected from all eligible entries received during the Competition Period within approximately fourteen (14) business days of the end of the Competition Period. The potential Winner will be contacted via the contact information with which the entry was submitted, either by email or phone. The potential Winner will be required to respond (as directed by the Administrator and/or Sponsor) to the notification within seventy-two (72) hours of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and the Administrator will select an alternate potential winner from the remaining eligible entries. Potential Winner will be required to verify address and complete, sign, and return within forty-eight (48) hours an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the "Prize Claim Documents") covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner from the remaining eligible entries for that prize. Additionally, the potential Winner may be required to provide their Employment Identification Number (EIN) for the purpose of submitting to a background check. Such background check may include (but is not limited to) investigation of employment history, criminal or other arrest or conviction record, and any other factor deemed relevant by the Sponsor to help ensure that any potential Winner will not, in the Sponsor’s’ sole discretion, bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor. If requested, the potential Winner agrees to sign waiver forms authorizing the release of personal and background information. Pending the results of the background check, the Sponsor reserves the right to disqualify the potential Winner, or award the prize as described in the Official Rules, in its sole discretion. 

A prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules. 

5. PRIZE DESCRIPTION  

COMMONACCESS PRO ($2,000 VALUE) 

• Accessibility Compliance Plan (an Accessibility Roadmap for your business) 
• Accessibility Shield (a badge installed on your business’s website which signifies the importance of web accessibility to your business. Badge links to Accessibility Compliance Plan) 
• Parallel, Accessible Version of your existing website content (a fully accessible website which contains all relevant business information) 
• Build and Install by Support Team 
• Full Website Accessibility Scan and Report  

DigiPaaS - Digital Marketing Suite ($8,000 value)

DigiPaaS Includes:
• Digital Marketing tools include: 
• Content Management System (CMS) 
• Visual Page Builder 
• Blog Posting Platform Module 
• Customer Reviews Module  
• Customer Record Management System (CRM) 
• DIY Email Marketing Suite 
• Social Media Posting Platform Module 
• Evaluate and optimize Social Listings and Digital Presence 

MyArea Network – Marketing Suite ($5,000+ value) 

Package includes: 
• Geo Fence Ad Budget ($1,000 spend spread over 12 months) 
• mySuite Business Dashboard ($99 / month for 12 months) 
• Text Marketing System Setup and Deploy for up to 10 locations ($2,000 value) 
• Local Targeted Banner Ads on MyArea Network Florida web properties ($2,000 value) 

TOTAL PRIZE VALUED AT: $15,000 

Total Prize Approximate Retail Value (ARV) is comprised of Initial Setup Cost; Cost of Labor associated with design, build, review, and implementation; and Annual Recurring / Monthly Recurring costs associated with the one (1) year of service. At the conclusion of one (1) year of service, or twelve (12) months following the ‘go live’ date of the Winner’s Prize website, all monthly recurring and annual recurring Software as a Service (SaaS) fees will apply and be invoiced to the Winner’s account. Applicable Monthly Recurring SaaS fees may include: Start Up Website Package ($50 per month or $24.99 per month for affiliated association / organization Members), Marketing Website Package ($75 per month or $49.99 per month for affiliated association / organization Members), Ecomm Website package ($150 per month or $99.00 per month for affiliated association / organization members), and/or any other applicable SaaS, hosting, or server fees.  

Before the Sponsor will begin any work regarding the design, fulfillment, or implementation of the Prize, the Winner of the Competition will complete the onboarding documentation required by the Sponsor to complete the ‘build’ of the Prize. Onboarding documentation may include branding requirements including but not limited to logos, colors, and fonts; Business related information including but not limited to contact information, location information, hours of operation, menus, property listings, product catalogs, etc.; Existing website sitemap and structure, Access to domain related information; Access to existing website login information for the purposes of content collection and port over; SEO Information; Pictures, Videos and other necessary content (collectively, the “Onboarding Documents”). Failure to provide the Sponsor with the required Onboarding Documents will constitute a forfeiture of the Prize by the Winner and a new Winner shall be selected adhering to the previously defined selection process.  

Following the completion and submission of the required On-Boarding Documents by the Winner, the Sponsor will begin the Prize fulfillment and delivery process. The Prize fulfillment Process is as follows: 

1. CommonAccess Plan installation 
2. CommonAccess Pro Accessible Version Build and Installation 
3. Initiation Process 
4. General Website Build 
5. e-Commerce Installation 
6. Accessibility Verification  
7. Final Website Review 
8. Client Website Presentation  
9. Go Live Process 

Sponsor or Sponsor’s affiliates, may in their discretion capture footage of the design process and reveal, including footage of the winner and the makeover results, in all media either now known or hereafter invented throughout the world, including in any and all advertising and promotion. The Winner will also be issued an on-camera release including permission for the use of his/her place of business as an on-camera location, all of which may or may not occur, at Sponsor’s discretion. The Winner must be available during the on-camera taping period and/or for interviews, whichever are applicable, on dates to be determined at Sponsor's sole discretion. The Winner will not be compensated for his or her participation in any television appearance, if applicable 

PRIZES WILL BE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED BY SPONSOR.  All prize details are at the sole discretion of the Sponsor. The decisions over design, functionality and overall usability of the website are completely under the control and discretion of DigiPro Media.  

Any depictions of prizes or prize elements are for illustrative purposes only. Prize winner cannot assign or transfer a prize to another person.  If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded.  If a winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor. The value of the prize represents Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed.  The approximate retail value (ARV) of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.  The winner will be solely responsible for all federal, state and/or local taxes, if applicable, and for any other fees or costs associated with the prize they receive.  The stated ARV of each prize is based on available information provided to Sponsor and the value of the prize awarded to a winner may be reported for tax purposes as required by law.  Winner must provide Sponsor with a valid EIN before the prize will be awarded for tax reporting purposes and an IRS Form-1099-MISC may be issued for the actual value of the prize received.  Other restrictions may apply.  If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Competition Entities’ sole discretion. 

ALL FEDERAL, STATE AND LOCAL TAXES AND ANY OTHER COSTS AND EXPENSES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. 

6. SPONSOR TERMS AND CONDITIONS: 

Acceptance of the Competition Prize (through the submission of completed Prize Claim Documents) constitutes Winner's understanding of, full and unconditional agreement to, and acceptance of the DigiPro Media Terms of Service and the CommonAccess Terms of Service. DigiPro Media Terms and conditions can be found at https://digipromedia.com/terms-conditions. CommonAccess Terms and Conditions may be found at https://commonaccess.com/terms-and-conditions.  

7. CONDITIONS OF PARTICIPATION/RELEASES: Competition is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor and Administrator, which shall be final in all respects. By participating in this Competition and/or by accepting any prize that he or she may win, each Entrant agrees to release the Competition Entities, and all entities involved in the production, sponsorship and/or promotion of the prize or Sponsor’s programming, or any part thereof, including, without limitation, DigiPro Media, LLC., DigiGroup Holdings, Inc., CommonAccess, LLC, and each of their respective parent, subsidiary and affiliated companies, units and sponsors, divisions and advertising and promotional agencies and prize suppliers and all entities involved in the production, sponsorship and/or promotion of the prize, or any part thereof, including, without limitation, the competition entities; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Competition and/or acceptance or use of any prize. Each Entrant authorizes the Competition Entities to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Competition Entities 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 Competition Entity’s sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, release forms, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Competition; (v) acceptance, possession, grant, use of or participation in any prize or related prize event, including without limitation, personal injury, death and property damage arising there from; (vi) claims based on publicity rights, defamation or invasion of privacy; or (vii) any printing, typographical, human administrative or technological errors in any materials associated with the Competition. Competition Entities disclaim any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with this Competition. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Competition (or any portion thereof) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Competition and, in such situation, to select the winner(s) from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit you from participating in the Competition or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Competition by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other players or Sponsor's representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE COMPETITION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 

8. INDEMNITY: Winner shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Winner’s participation in the Competition; (b) a breach or allegation which if true would constitute a breach, of any of Winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, participation in, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom. 

9. DISPUTES: This Competition is governed by the laws of the United States and the State of Florida, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of Florida. As a condition of participating in this Competition, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Competition, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below. 

10. ARBITRATION PROVISION:  

Any dispute, controversy or claim arising out of or relating in any way to the Competition including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach the Competition Official Rules , shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the Competition, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. 

 This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration.  

The arbitration shall be conducted by One arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association who shall select the arbitrator in accordance with the terms of this agreement.  

The arbitration shall be conducted in accordance with the then existing Commercial Rules of the American Arbitration Association.  

The arbitration shall be conducted in Pensacola, Florida.  

The laws of the State of Florida shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.  

It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within one hundred and twenty days from the date the arbitrator is appointed. The arbitrator may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award.  

Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. 

The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness ten days before the arbitration hearing.  

The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement.  

Each party shall pay its own proportionate share of arbitrator fees and expenses [plus the fees and expenses of the arbitrator it designated (if there are three arbitrators] and the arbitration fees and expenses of the American Arbitration Association. The arbitrator shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion]. 

11. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at https://digipro.dpmlocal.com/privacy-policy. By entering the Competition, you grant Sponsor permission to share your email address and any other personal information with the other Competition Entities for the purpose of administration and prize fulfillment. 

12. WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to the “DigiPro Media, LLC" Winner List/Rules, 214 E Garden Street. Pensacola, FL 32502. Requests for the names of the winners must be received no later than December 1, 2019.