Elevate 1 Life Contest
Official Rules and Regulations
“Pay It Forward Franchise Opportunity” Official Rules & Regulations
1. PARTICIPATION CONSTITUTES ACCEPTANCE OF RULES. Participation in this contest constitutes entrant’s full and unconditional acceptance of these Official Rules and the decisions of the Sponsor regarding all aspects of the contest, which decisions shall be final. Contest is sponsored by Elevate 1 Life, 157 West 7065 S., Midvale, Utah 84047 (“Sponsor”). Sponsor reserves the right to cancel the contest at any time and substitute another promotion in its place. Sponsor is not responsible for printing errors in these Official Rules.
2. NO PURCHASE REQUIRED TO ENTER OR TO WIN A PRIZE. Subject to all federal, state, and local laws. Taxes will be paid by winner to any federal and state entities.
3. ELIGIBILITY: This contest is open to all legal residents of Utah who are 18 years of age or older and you must be underemployed, unemployed, retired, or a veteran to be eligible to win. Employees (their families, and members of their household) of Jan-Pro of Utah, its parent companies, subsidiaries, affiliated companies, and former or existing unit franchisees of JAN-PRO of Utah as of April 15, 2021. Advertising and promotion agencies are not eligible to win. Documentation of proof of residence, age, underemployment or unemployment statues, and veteran status will be required…
4. DEFINITIONS: Underemployed is defined as the employment situation in which an individual is unable to find a job in their chosen field, and consequently, they work in a job that is not commensurate with their skill set and, in most cases, pays much below their industry standards. Underemployment also includes someone who has had their hours reduced from 40 hours per week to 25 hours per week in the last 6 months, or someone currently working two part time jobs.
5. HOW TO ENTER: Contest begins on February 15, 2021 and ends on April 10, 2021 (the “Promotional Period”). Log onto http://www.Elevate1Life.org during the Promotional Period and submit your entry by following the directions. The questionnaire can be submitted on the website only. Internet access and a valid e-mail account are necessary to participate. All Internet access and usage charges are the responsibility of the entrant. If for any reason the Internet is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, fairness, integrity or proper conduct of the contest, Sponsor reserves the right at its sole discretion, to terminate, modify or suspend the contest. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is are not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web-site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this contest. In the event of a dispute, eligible electronic entries will be considered made by authorized account owner of the email address submitted at the time of entry. One entry allowed per person and only one entry per household. Any person or household who submits more than one entry is considered to be a direct violation of contest policy and will result in immediate disqualification of any and all associated entries. Entries generated by robots or scripts are considered to be a direct violation of contest policy and will result in immediate disqualification of all associated entries. www.elevate1life.org
6. JUDGING: The judging criteria will be decided collectively by the Community Outreach Committee based on the best and most inspirational answers submitted by applicants.
GRAND PRIZE: One (1) Grand Prize winner will be offered a Jan-Pro Cleaning & Disinfecting franchised business at the FP6 level, located in the State of Utah. The initial fee will be waived, and initial equipment package will be provided, along with initial training, customer contracts awarded as part of this promotion will total a minimum of $500.00 in Monthly Gross Revenue. In addition, our Community Partners will provide some business coaching and other benefits. The Grand Prize winner will receive a Franchise Disclosure Document (“FDD”) in accordance with federal law and as a condition of accepting the Grand Prize must enter into a franchise agreement with Jan-Pro of Utah. This contest is not the offer of a franchise, an offer of a franchise is only made through the Franchise Disclosure Document. The Grand Prize winner must comply with all requirements in the FDD to become a Jan-Pro Cleaning & Disinfecting franchisee (including but not limited to formation of a business entity and complying with all state and local licensing and registration requirements which may require you to incur costs as set forth in the FDD) but may, at their option, decline to enter into a franchise agreement, and in that event will be deemed to have declined to accept the Grand Prize. The Grand Prize has an approximate total value of $7,500.00.
7. WINNERS: Acknowledge that except and to the extent that the Sponsor cannot by law exempt itself from responsibility or liability, Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize described herein; including, but not limited to, its quality, merchantability, mechanical condition or fitness for use. All warranties are hereby disclaimed, and the winner will accept prize “as is.” All federal, state, and local taxes, fees and all other expenses not specified herein, such transfer fees, meals and gratuities are the responsibility of winners. Prizes cannot be assigned, transferred, exchanged, or redeemed for cash.
8. WINNER: The Grand Prize winner will be chosen on April 15, 2021. The Grand Prize winner will be selected from all eligible entries based on uniqueness and creativity of the entry and the originality of the supporting questionnaire. Grand Prize winner will be selected by the Community Outreach Committee set up by Elevate1Life. The Winner will be notified by phone, e-mail and/or by mail and will be required to execute an affidavit of eligibility and release to be returned within seven (7) working days of notification. If the potential winner fails to submit the affidavit in the time allowed, declines to accept the prize or a prize notification is returned as undeliverable, the potential winner will be disqualified and alternate winner will be selected by the Committee. By participating, entrants release Sponsor, its parent companies, subsidiaries, affiliated businesses, their advertising, and promotion agencies and the officers, directors, employees, and agents of each from any and all liability, damages or causes of action (however named or described) for injuries, damages or losses to persons and property which may be sustained in connection with receipt, enjoyment, ownership or use of the Prizes. Winners grant permission to Sponsor to use winner’s name, age, city, state, photograph, or likeness for advertising and promotional purposes without additional compensation or approval (where lawful).
9. ODDS: The odds of winning will be determined by the number of entries received. To obtain the winner’s information (available after April 15, 2021), please log onto http://www.elevate1life.org.
10. LIMITATION OF LIABILITY: By entering participants agree to release and hold harmless Sponsor and their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such participant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; (v) electronic or human error which may occur in the administration of the Contest or the processing of entries. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. BY ENTERING THE CONTEST, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
11. CHOICE OF LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND SPONSOR IN CONNECTION WITH THIS CONTEST, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS (WHETHER OF THE STATE OF UTAH OR ANY OTHER JURISDICTION), THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF UTAH.
12. ARBITRATION: This section of the rules is referred to as the “Arbitration Agreement.” As a condition of participating in this Contest, participants agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Rules, the Contest, your participation in the Contest, the prize, acceptance, possession, use or misuse of the prize (including any alleged breach thereof), any advertising, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than in court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Contest, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Any arbitration under this section will be in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for extremely limited reasons. The arbitration shall be conducted in Midvale City, Utah, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in Salt Lake County, Utah, and all parties agree to submit to the personal jurisdiction of those courts. Participants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred because of such action. Further, any and all disputes, claims and causes of action arising out of or connected with a Contest, or any prize awarded, will be resolved individually, without resort to any form of class action.
13. PROHIBITION ON NON-INDIVIDUALIZED RELIEF. YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).