For good and valuable consideration (including, without limitation, the possibility of using your name and application information), the receipt and sufficiency of which are hereby acknowledged, organizations and individuals participating in The Chuck Boyk Challenge are submitting information (including but not limited to names, addresses, and email addresses) to the Charles E. Boyk Law Offices, LLC for use for marketing purposes upon the following express understandings and conditions.
Participation in the contest is limited to 501(c)(3) nonprofit organizations and legal residents of the United States ages 13 and older.
Employees of the Charles E. Boyk Law Offices, LLC are not eligible to participate.
501(c)(3) nonprofit organizations desiring to participate and be considered for a cash prize must provide written notice to the Charles E. Boyk Law Offices, LLC. Said written notice must be received on or before November 12, 2012. The written notification must be by way of U.S. Mail sent to the Charles E. Boyk Law Offices, LLC, Attn: Marketing, 405 Madison Avenue, Suite 1200, Toledo, OH 43604, via facsimile to 419-241-8731, or via email to email@example.com. Attempts to provide notice of desire to participate by means other than those specifically listed above are null and void. The notification must include the name of the northwest Ohio 501(c)(3) nonprofit organization, the organization address and telephone number, and the name of the individual sanctioning the organization’s participation in The Chuck Boyk Challenge.
Voting will commence on November 14, 2012 at 9:00 am EST and will conclude on February 14, 2013 at 11:59 pm EST. Except as otherwise provided in these rules, voting will be open to the public. A voter may cast a vote for the organization participating in The Chuck Boyk Challenge that the voter desires to see be a winner in The Chuck Boyk Challenge contest. The three (3) organizations receiving the largest amount of votes will be announced on February 15, 2013 at 9:00 am EST.
Voting will be conducted strictly online. Votes attempted to be cast by any other method are null and void. Votes may be cast by visiting www.thechuckboykchallenge.com. Only one vote per person is permitted. Multiple votes by the same individual are null and void beyond the first vote cast.
In order for a vote to be valid, the voter must provide his or her valid first and last name, physical address, and email address as requested on The Chuck Boyk Challenge voting web page. Votes attempted to be cast by individuals failing to provide a valid first and last name, address, and email address are null and void.
Votes will be counted and tallied solely by the Charles E. Boyk Law Offices, LLC and the decision as to the three (3) winning organizations will be final, non-appealable, and non-reviewable. The three (3) 501(c)(3) nonprofit organizations receiving the most votes will be distributed a portion of the prize money as described below.
The Charles E. Boyk Law Offices, LLC will distribute a grand total of five thousand dollars ($5,000.00) to the three winning 501(c)(3) nonprofit organizations to be distributed as follows: the organization receiving the most votes will receive a check for three thousand dollars ($3,000.00); the organization receiving the second most votes will receive a check for one thousand five hundred dollars ($1,500.00); and the organization receiving the third most votes will receive a check for five hundred dollars ($500.00). The checks will be made payable to the respective winning organizations and will be provided to a qualified representative of said respective organizations on or before February 28, 2013.
In the event of a tie in voting, the relevant funds will be distributed equally to the respective tied organizations. By way of example, if charity A had ten votes, charity B had five votes, and charity C had five votes, $3,000.00 would be distributed to charity A, $1,000 would be distributed to charity B, and $1,000 would be distributed to charity C.
Participating organizations agree to produce a qualified individual for a check presentation event that may include media coverage and photo-ops. The check presentation event will take place on or between the dates of February 15, 2013 and February 22, 2013 during normal business hours at a location in Toledo, Ohio.
There may be some tax implications for the winning organizations. The Charles E. Boyk Law Offices, LLC recommends that all participants review their participation and winnings with their legal/tax advisor to determine their potential tax liability, if any, in connection with this program. If there is any tax liability, it will be the sole responsibility of the respective winning organizations.
In order to be eligible for participation in The Chuck Boyk Challenge, the 501(c)(3) nonprofit organizations cannot to any degree:
Suggest legalization of any illegal drugs/activity, prostitution or pornography or other illegal activities or goods;
Challenge, lobby for or seek to overthrow any government;
Suggest or encourage the taking up of arms against any person, government or entity;
Discriminate against, disparage or denigrate any race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, ancestry, marital status, veteran status or mental or physical disability;
Disparage or denigrate a product, service, person, company or organization;
Encourage the cessation of or act to negatively impact a business or enterprise;
Promote alcohol, illegal drugs or activity, tobacco, firearms/weapons, prostitution or pornography;
Be overtly sexual, suggest an intent to abuse or suggest the use of violence;
Involve religious advocacy, proselytizing – acts and intentions to advance a religious denomination or expand membership or encourage conversion;
Involve political advocacy – acts and intentions to advance a particular political party, candidate and/or cause or to support lobbying for any particular party, candidate and/or cause, or to expand membership or encourage membership for a particular political party, candidate or lobbying effort;
Involve furtherance or expansion of a particular political policy or agenda or social policy or agenda with legislative implication;
Use materials embodying the names, likenesses, photographs, or other identifying elements of any person, living or dead, without permission in any manner which may violate the rights of a third party;
Involve any type of alternate medical treatments or therapies for either humans or animals;
Involve any type of medical research, procedure or alternate medical treatments or therapies developed through the use of animals or testing upon animals for safety, efficacy, etc.
13. All individuals and organizations participating in The Chuck Boyk Challenge agree that:
Any and all disputes, claims and causes of action arising out of or connected with The Chuck Boyk Challenge contest in and capacity whatsoever will be resolved individually, without resort to any form of class action;
Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, but in no event will attorneys’ fees or other damages be awarded or be recoverable;
Under no circumstances will individuals and/or organizations participating in The Chuck Boyk Challenge be permitted to obtain any award for, and individuals and organizations participating in The Chuck Boyk Challenge knowingly and expressly wave all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages;
Individuals and organizations participating in The Chuck Boyk Challenge irrevocably waive any right to seek injunctive or equitable relief; and
Individuals and organizations participating in The Chuck Boyk Challenge release and hold harmless the Charles E. Boyk Law Offices, LLC and its agents and employees from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of the Charles E. Boyk Law Offices, LLC infringes on the rights of the individual or organization.
14. Individuals and organizations participating in The Chuck Boyk Challenge agree that the Charles E. Boyk Law Offices, LLC have the right to change, amend, add to, or delete from these rules without notice prior to the start of The Chuck Boyk Challenge competition.