OFFICIAL CONTEST RULES

COMCAST RISE SMALL BUSINESS PROGRAM

OCTOBER 7 – NOVEMBER 7, 2020

 

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT IMPROVE AN APPLICANT’S CHANCES OF WINNING.  The Comcast RISE Small Business Program (“Contest”) will begin on October 7, 2020 at 12:00 AM Eastern Time and end on November 7, 2020 at 11:59:59 PM Eastern Time (“Contest Period”).  Contest is subject to all applicable federal, state and local laws.

 

ELIGIBILITY:  Open only to small businesses operating in one (1) of the contiguous United States or the District of Columbia, excluding the following:

  • For Tech Makeover: Alaska, Hawaii, Idaho, Iowa, Montana, Nebraska, Nevada, North Dakota, Oklahoma, South Dakota, and Wyoming; and
  • For Media Consultation, Media Campaign, and Creative Campaign: Alabama, Alaska, Arizona, Hawaii, Iowa, Kansas, Missouri, Montana, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, Rhode Island, South Dakota, Wisconsin, and Wyoming.

Small business must be owned by an individual eighteen (18) years of age or older as of the start of the Contest Period that also meets the following eligibility requirements:

  • Owner identifies as Black or African American;
  • Person who owns the business is the primary decision maker for, and has been actively engaged in the day-to-day operation of the business;
  • Owner owns at least 51% of said business;
  • Business is registered to conduct business in one of the forty-eight (48) contiguous United States or District of Columbia; ​
  • Business is independently owned and operated, sole proprietor;
  • Business has engaged in active daily operation for at least one (1) year (twelve (12) months);
  • Business does not fall into any of the following categories:
      • Political advertiser;
      • Marijuana dispensary;
      • Manufacturer or retailer of drug paraphernalia;
      • Virtual MVPD;
      • Internet Service Provider;
      • Gun manufacturer or retailer;
      • Fireworks manufacturer or retailer;
      • Tobacco/vape manufacturer or retailer;
      • Illegal products or services provider;
  • For Media Consultation, Media Campaign, and Creative Campaign:
    • Business employs less than one hundred (100) employees (including full-time and part-time employees); and
  • For Tech Makeover:
    • Business employs less than or equal to twenty-five (25) employees (including full-time and part-time employees)

 

It is participant’s sole responsibility to review and understand his/her company’s policies regarding participation in promotions such as this. The awarding of any prize available to businesses in this Contest will be subject to such company policies. If, for whatever reason, any business is unable to accept a prize due to company policies or for any other reason, the prize may be forfeited and Comcast Cable Communications Management, LLC (“Sponsor”) will have no further obligation to such participant or their corresponding business. Participants and their corresponding business must be in good standing and meet the eligibility criteria specified above at time prize is to be provided.

 

HOW TO ENTER:  To enter the Contest, during the Contest Period, visit www.comcastrise.com (the “Website”) and follow the provided instructions to complete and submit the submission form. As a part of the submission form, you will be required to complete questions regarding your business firmographics, operations and what support you are requesting to receive as part of the Comcast RISE Program and will have the opportunity, but not the obligation, to submit photographs or other documentation that supports your application.  You will also have the option but not the obligation to upload a link to a video (each, a “Video”).  Photographs and other documentation also are accepted in JPG, JPEG, PNG, GIF, TOFF, PDF, DOC or DOCX formats. The Video must meet the following additional “Video Requirements” (any Video that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):

 

  • Video must be intended for family audience viewing and contain only content that, in the sole and unfettered discretion of the Sponsor is suitable for all persons, including persons under the age of thirteen (13);
  • Video must not contain subject matter which is, or could be considered, in the sole discretion of Sponsor, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, relation, natural origin, physical disability, mental disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise, unlawful, tortious or objectionable;
  • Video must not contain any content that is protected by copyright or any other third party rights such as background music (without the express prior written consent of the owner of such right), or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property and
  • Video must not contain any derogatory references to Sponsor

 

Sponsor reserves the right, in its sole discretion, to disqualify any Video and/or a corresponding Submission in the Contest if Sponsor views a Video as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems a Video to be lacking in taste, quality, or to be otherwise objectionable. Sponsor reserves the right to edit a Video to comply with these Official Rules (inclusive of the foregoing Video Requirements) or request that an applicant edit or completely remove any content that may intentionally or unintentionally violate these Official Rules.  Sponsor will determine in its sole discretion which Videos have satisfied the Video Requirements.

 

With the exception of Sponsor requesting a Video be edited to comply with these Official Rules, no substitutions of new Videos will be accepted under any circumstances once the original Video is submitted for consideration.  All requested information on the Website submission form must be completed for an applicant to be considered.  Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary.  Proof of Submission is not considered proof of delivery to or receipt of such Submission.  Furthermore, Sponsor shall have no liability for any Submission or Video that is lost, intercepted or not received by the Sponsor.

 

Video must have been taken by applicant or have permission to upload the Video from whoever took the Video, and applicant must have permission of any person who appears or is identified in the Video.  If any minors appear in the Video, the applicant must be that minor’s parent and/or legal guardian or have the express permission of the applicable parent and/or legal guardian.  Professional Videos with watermarks are not eligible.  By making a Submission in the Contest, applicants grant Sponsor the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submission and to incorporate the Submission in other works in any and all markets and media worldwide in perpetuity.  Applicants warrant that they have the sole and exclusive right, or have been granted the right, to grant such rights to Sponsor and that the Sponsor’s reproduction, publishing, displaying, and/or other use of the Submission will not infringe on any rights of third parties, including, without  limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract.  If any Submission contains material that is violent pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submission does not comply with these Official Rules or meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, such Submission (and the related Video) may be rejected as ineligible for consideration.  Submissions must comply with all applicable laws, rules and regulations.  Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Submissions. All Submissions and Videos become property of Sponsor and will not be acknowledged or returned.

 

Submissions must be received by November 7, 2020 at 11:59:59 PM Eastern Time to be eligible for the Contest.  Sponsor’s computer shall be the official timekeeper for all matters related to this Contest.  Any person found to have used multiple accounts to participate will be deemed ineligible and disqualified.  Submissions generated by a script, macro, or other automated means or by any means that subverts the submission process will be disqualified.  Submissions or Videos that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted.  Submission constitutes permission (except where prohibited by law) to use applicant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.

 

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION:  Each applicant represents and warrants as follows: (i) the submission and any Video submitted is the applicant’s own original, previously unpublished, and previously unproduced work; and (ii) the submission and any Video submitted does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.  Each applicant hereby agrees to indemnify and hold the Sponsor harmless from and against any and all third party claims, actions proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of applicant hereunder.

 

SELECTION AND NOTIFICATION OF FINALISTS AND PRIZE WINNERS: 

There will be two (2) rounds of judging:  round 1 judging will determine two-hundred and eighty-two (282) Effectv Winners (defined below) and four hundred (400) Tech Makeover Finalists (defined below); and round 2 will determine the three hundred and twenty five (325) Tech Makeover winners.

 

Round 1:  Judging to determine the Effectv Winners and Tech Makeover Finalists:  A panel  assigned by Sponsor will review all eligible Submissions received during the Contest Period and use the following judging criteria to determine the two-hundred and eighty-two (282) winners of either the media consultation, the media campaign, or the creative production and media campaign (the “Effectv Winners”), and the four hundred (400) Submissions for the Tech Makeover (“Tech Makeover Finalists”); (i) completeness of the submission (ii) originality of Submission; and (iii) persuasiveness of responses to questions provided on why the applicant should be considered for the Comcast RISE Program (the “Judging Criteria”).

 

The Effectv Winners and Tech Makeover Finalists will be notified by email or phone and will be required to execute and return an affidavit of eligibility, release of liability, publicity release (collectively, “Contest Documents”) within five (5) days of notification.  Winners may also be subject to tax reporting based on the value of Prizes received and must cooperate with Sponsor in providing certain information for purposes of applicable tax forms.  Noncompliance within this time period, with these Official Rules or the return of or inability to respond to or deliver any Prize notification or Contest Documents may result in disqualification, and at Sponsor’s discretion, and time permitting, alternate Effectv Winners or Tech Makeover Finalist(s) may be selected from among all eligible remaining Finalist Submissions using the Judging Criteria above.

 

Round 2:  Prize Recipients.  A panel assigned by Sponsor will use the Judging Criteria above to select three hundred and twenty-five (325) Tech Makeover Winners from the confirmed Tech Makeover Finalists.

 

PRIZES:  There will be two-hundred and eighty-two (282) Effectv Winners, thirty-two (32) of which will receive a media consultation (“Media Consultation”), one hundred and twenty five (125) of which will receive a media campaign (“Media Campaign”), and one hundred and twenty five (125) of which will receive a creative and media campaign (“Creative Campaign”), and three hundred and twenty five (325) Tech Makeover Winners to support business recovery efforts.

 

  • The Media Consultation Winners will each receive a consultation meeting during which Effectv personnel will provide advertising, marketing, and creative analysis, insights, and guidance.
  • The Media Campaign Winners will each receive a ninety (90) day linear TV media schedule.
  • The Creative Campaign Winners will each receive production of a turnkey 30-second television commercial and the right to use that television commercial in a ninety (90) day linear TV media schedule.
  • The Tech Makeovers will include some combination of Comcast Business Internet, Voice, cybersecurity malware detection and video surveillance services with no monthly service charge for up to a 12 month period and computer equipment from a selection of desktops, laptops or tablets. Value of Comcast Business service and equipment not to exceed $10,000.00 for the year. Comcast Business will install services and equipment at the business location specified on the submission. After 12 months, business will have the opportunity to subscribe to the Comcast Business service at current rates. Exact make, model, type, and quantity of computer equipment received to be determined by Sponsor, in its sole discretion. Approximate Retail Value (“ARV”) of each Tech Makeover prize: $10,000.00.

 

Prizes are subject to Effectv and Comcast Business applicable Terms and Conditions.  Winners may not substitute, assign or transfer Prize or redeem Prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided.  All prize details are at Sponsor’s sole discretion.

 

PUBLICITY RELEASE:  By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any applicant in the Contest, each applicant irrevocably grants Sponsor and their respective successors, assigns and licensees, the right to use such applicant’s name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and promotional purposes and hereby releases the Contests Entities from any liability with respect thereto.

 

CONDITIONS:  By entering the Contest, each applicant agrees for applicant and for applicant’s heirs, executors, and administrators (a) to release and hold harmless Sponsor, Contest judges and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such applicant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (b) to indemnify Released Parties from any and all liability or arising from the Contest and to hereby acknowledge that Released parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; and (c) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final.  Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.

 

ADDITIONAL TERMS:  Sponsor reserves the right to conduct a detailed publicity and background check of any and all records of the Finalists and their corresponding owners or business affiliates including without limitation, civil and criminal court records and police reports, confirming selected businesses are in good standing with the IRS and eligible to receive the Tech Makeover and, based on its results, may disqualify any winner or select an alternate business to receive the applicable prize, in the Sponsor’s sole discretion. Sponsor may also take all steps necessary to corroborate any information provided to Sponsor by winners in their interview. In that regard, Winners may be asked to provide necessary contacts and information so that Sponsor may conduct such investigation. Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules.  Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to the legal action by Sponsor, who may seek any and all remedies available to the fullest extent permitted by law.  The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules.  Released Parties assume no responsibility for any injury or damage to applicants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest.  Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of submission information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Submissions or Videos that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.  Sponsor reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules).  In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Finalists as described herein using the Judging Criteria above from among all eligible, non-suspect Submissions and Videos received prior to the time of the event warranting such cancellation, modification, or suspension.  Notice of such cancellation, modification, or suspension will be posted at Website.  Sponsor may prohibit any applicant or potential applicant from participating in the Contest, if such applicant or potential applicant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other applicant, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).  There Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor.  The invalidity or enforceability of any provision of these rules shall not affect the validity or enforceability of any provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these 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.

 

DISPUTES:  THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN PENNSYLVANIA.  IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS TEHREOF (“JAMS RULES”).  THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN PENNSYLVANIA.  ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF PHILADELPHIA.  THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENTOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. 

 

SPONSOR: Comcast Cable Communications Management LLC, One Comcast Center, 1701 JFK Blvd., Philadelphia, PA 19103.