Grasshopper - Capterra Reviews Incentive Program Terms and Conditions

1. Reviewers

This Capterra Reviews Incentive Program (“Program”) is only open to individuals who are current Grasshopper account holders, in good standing at the time an incentive is to be issued pursuant to this Program’s terms, who are legal residents of the United States (including the District of Columbia), and who are at least eighteen (18) years of age or who have reached the age of majority in their jurisdiction of residence (“Reviewer”).

2. Eligibility to Participate

2.1 To participate in the Capterra Reviews Incentive Program (“Program”), Reviewers must comply with all the Capterra Community Guidelines and Capterra's General User Terms for user reviews. 

2.2 In addition to the requirements of 2.1, the following are NOT eligible to receive incentives under this Program:

1. Reviewers who are or their immediate family members are employees of, or affiliated with, Grasshopper or any affiliates or companies associated with GoTo Group Inc. (“GoTo Entities”), or its direct competitors;
2. Employees, officers, directors, and agents of Gartner, Inc., its subsidiaries or affiliated companies, and their immediate family members;
3. Government and public sector employees;
4. Individuals whose company policies prohibit acceptance of gifts in the context of business transactions;
5. Individuals (or anyone acting on behalf of such individuals) who are:
   1. subject to,
   2. resident in countries included on, or
   3. employed by organizations identified in any government sanctions watchlist, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated Nationals List or similar sanctions lists.

Note: Even if you fall under one of the above categories and are ineligible to receive an incentive, you may be eligible to submit a non-incentivized review directly on the Capterra site.

3. Prohibited Conduct

3.1 Reviewers must not use websites or services that facilitate the completion of tasks in return for a reward, nor any method intended to drive a high volume of unverified leads to the reviews form.

4. Selection of Reviewers

4.1 Recipients of gift cards are not selected based on review rating or positivity. Incentives are offered solely to Eligible Participants who have submitted honest and unbiased reviews, regardless of content.

5. Incentive Distribution

5.1 Gartner Digital Markets will only distribute gift card incentives to a predetermined quantity of unique, published Eligible Participants.

6. Publication of Reviews

All published reviews will be publicly visible to visitors on the Capterra.com website.

7. Review Acceptance

7.1 All verified reviews generated from this campaign will be accepted, provided they comply with Capterra's General User Terms for user reviews.

8. Modification and Termination

8.1 Grasshopper and/or Gartner Digital Markets reserve the right to modify, suspend, or terminate the Program at any time without prior notice, subject to applicable law.

9. Additional General Conditions of Participation, Assignment of Rights, Disclaimers, Limitation on Liability, and Disputes

9.1 Participants may be required to expressly consent to the use of their name(s), business name, image(s), and likeness(es) identifying them as reviewers. In addition, except where prohibited, Grasshopper may require participants to return a signed affidavit of eligibility, and a liability/publicity release (“Affidavit and Release”). The Affidavit and Release will be provided separately if it is required.

9.2 Participants are solely responsible for any fees, taxes or other costs associated with receiving any incentive. Grasshopper reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Program or to be acting in violation of these Program terms. Any attempt by any individual to undermine the legitimate operation of the Program may be a violation of applicable laws. Failure of Grasshopper to enforce any provision of these Program terms shall not constitute a waiver of that provision. The Program may be subject to applicable federal, state, and local laws and regulations. Grasshopper may disqualify any participant in the event of any dispute as to whether participant has complied with these Program terms.

9.3 Assignment of Rights; Release and Waiver of Claims. By participating, you assign to Grasshopper all right, title and interest in and to the review without any compensation. Your participation in the Program and assignment of rights to Grasshopper constitutes your express acknowledgement that Grasshopper, its agents, licensees and assigns have the unconditional right and permission to reproduce, display, publish, publicly perform, modify, create derivative works from, and otherwise use your review for any purpose in any media throughout the world, without any requirement for additional review, compensation, or approval. You expressly agree to waive any claim and not to instigate, or authorize any action, against the Grasshopper on the grounds that any use of your review, or any derivative work based upon or incorporating the review, infringes any of your rights as creator of the review, including, without limitation, copyrights, trademark rights, privacy, publicity and moral rights.

9.4 Disclaimer. NEITHER Grasshopper, NOR its AFFILIATES, NOR ANY OF their respective agents, directors, officers, employees, attorneys, insurers, predecessors, successors OR representatives (COLLECTIVELY, “GOTO ENTITIES”) MAKE OR GIVE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, OR ANY INCENTIVE RE PARTICIPATION IN THE PROGRAM. THE GOTO ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM THE PROGRAM OR ANY CAUSE, OCCURRENCE OR CONDITION THAT MIGHT CAUSE THE PROGRAM TO BE DISRUPTED, SUSPENDED OR CORRUPTED, INCLUDING: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; AND (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROGRAM. 

9.5 Release and Limitation of Liability. Grasshopper and GoTo Entities shall not be liable for any claims, demands, damages and causes of action or any costs or expenses relating to the foregoing, arising out of or relating in any way to the Program or any incentive. By participating in this Program, you hereby release and discharge Grasshopper and GoTo Entities from any and all claims, demands, damages and causes of action of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, and in particular any from all claims, demands, damages and causes of action of every kind and nature for damages actual and consequential, past, present, and future, arising out of, or in any way relating the Program, the administration of the Program, any incentive provided, the use or misuse of any incentive, and any publicity, advertising or promotion relating to the Program, and/or acceptance, possession, use, or misuse of any incentive. It is understood and agreed that this is a full, complete, and final general release of any and all claims described as aforesaid, and you agree that it shall apply to all unknown, unanticipated, unsuspected, and undisclosed claims, demands, liabilities, actions or causes of action, in law, equity or otherwise. You have read and fully understand the contents of section 1542 of the Civil Code of the State of California, and that section and the benefits thereof are expressly waived. Section 1542 reads as follows:

“Section 1542. (General Release - Claims Extinguished.) A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

9.6 Disputes. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Program or any incentive shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Program terms, your rights and obligations, or the rights and obligations of Grasshopper and GoTo Entities in connection with the Program, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.

10. Contact

Questions regarding this Program may be directed to https://support.goto.com, questions regarding your Capterra review submission may be directed to info@capterra.com.