Mobile Terms and Conditions

THE TELL THE BOSS SERVICE FOR MOBILE USERS

  1. Services Defined. TELL THE BOSS, INC. ("TELL THE BOSS") provides business owners and organizations our trademarked service to collect feedback from their customers, and provides tools to help them receive the data quickly and efficiently in various proprietary formats. Our service may also provide a variety of tools and resources to create and manage surveys and feedback offerings. For purposes of this Agreement the term "Services" shall mean all the above mentioned products and related offerings.
  2. While using the TELL THE BOSS service to submit comments to businesses, you agree to the Terms and Conditions of Use and the Privacy Policy set forth herein and any guidelines, rules or operating policies that TELL THE BOSS may establish and post periodically on TellTheBoss.com. TELL THE BOSS agrees to use reasonable efforts to provide the user with our Services. Periodically, TELL THE BOSS may modify the terms and conditions of this Agreement and/or the Policies. All such changes shall become effective upon posting of the revised Agreement and/or Policies on the TellTheBoss.com site, and your use of the Services thereafter shall be subject thereto.
  3. Short Code Program Terms and Conditions:
    1. HOW TO OPT IN: To opt into this program, text in the business's keyword to short code 22121. The keyword can be found on the placard, receipt, sign, or other media (“Media”) of the Participating Client.
    2. When SMS messages are received on our website through the TELL THE BOSS short code 22121, the messages are collected and retained in our database.
    3. After you send your first SMS to TELL THE BOSS, a reply message will be sent to confirm communication and to ask for a comment. During this interaction, you may be asked to enter your phone number or email address if you would like to be contacted by the business owner or manager. In this case, your contact information may be used by the business owner or manager at their discretion. Unless you voluntarily enter your phone number or email address, your information will remain confidential, except to notify you if you are the winner of a TELL THE BOSS contest. At the end of the communication, a final reply will be sent thanking you for your comment. You will not be contacted by TELL THE BOSS again unless you continue post additional comments, or you are being notified that you are the winner of a TELL THE BOSS contest.
    4. There is no cost to send or receive text messages to TELL THE BOSS, however message and data rates may apply, dependent on your cell phone service plan.
    5. HOW TO OPT OUT: Text STOP to 22121 at any time to opt out of the TELL THE BOSS service. You will receive a text confirming you have opted out. To restart services, text START to 22121.
    6. HOW TO RECEIVE HELP: Text HELP to 22121 at any time to receive help on the TELL THE BOSS system. Additional help is available on the website at TellTheBoss.com, by email at info@TellTheBoss.com.<, or by telephone at (888) 744-2855, ask for Customer Service.
    7. SUPPORTED CARRIERS:* 
      T-Mobile, Cinci Bell, AT&T, Interop, Alltel, ACG, US Cell, Sprint, Boost, Virgin, Verizon, Get Lisa:
      Interop: Bluegrass Cellular, Cellular One IL (ECIT), GCI, IL Valley Cellular, Nex-Tech Wireless, United, ACS/Alaska, Thumb Cellular, WCC, Cellone Nation, iWireless, Viaero, Inland Cellular, Element Mobile, Golden State Cellular, Immix, Centennial Wireless, EKN, Cox Communications, NW Missouri Cellular, Chat Mobility).
      Get Lisa: Epic Touch, RINA, Hawkeye, Duet IP, Union, Revol, Pioneer, Peoples, Cross, Panhandle, Mosaic, Mobi, Chariton Valley).
      *TELL THE BOSS and/or any supported carriers are not liable for delayed or undelivered messages for any reason.
  4. NOTIFICATIONS: If you are a Participating Client and elect to be notified when customer comments are received by TELL THE BOSS, it is your responsibility to make sure your mobile phone number, email, and all other contact information is correct. TELL THE BOSS is not responsible for Notifications that fail to be delivered to your or any users on your account for any reason.
  5. INTELLECTUAL PROPERTY: All comments and communication received from the Customer via the Media or any other means become the intellectual property of TELL THE BOSS.
  6. PROHIBITED CONTENT AND COMMERCE. TELL THE BOSS prohibits the use any of the following content from our customers:
    1. Any image, logo, photograph (or depicted) that contains nudity, depicted violence, sexually explicit content, or is offensive, at the sole discretion of TELL THE BOSS.
    2. Text messages or content that offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or otherwise objectionable content. Text messages or content that is libelous, defamatory, scandalous, threatening, or harassing. Text messages or content that advocates, promotes or otherwise encourages violence against any entity or person.
    3. TELL THE BOSS reserves the right to refuse to provide service to any one for any reason, at its sole discretion.

    Any content received by TELL THE BOSS that violates the above criteria will be removed from the database and the user may be blocked from using TELL THE BOSS service, at the sole discretion of TELL THE BOSS.
  7. APPLICABLE LAW. This Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by applicable federal law, the rules and regulations of the Federal Communications Commission, and the laws and regulations of the state and local area where Service is provided. These terms and conditions are subject to amendment, modification or termination if required by such regulations or laws. If any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions.
  8. INDEMNITY. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TELL THE BOSS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE OR INFRINGEMENT AGAINST TELL THE BOSS OR ITS SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, OR YOUR MISUSE OF THE TELL THE BOSS SERVICE.
  9. Any claim or dispute by a Participating Client or Customer must first be documented by writing to TELL THE BOSS at info@TellTheBoss.com.

Business Terms and Conditions

I. THE TELL THE BOSS SERVICE

  1. Services Defined. TELL THE BOSS, INC. ("TELL THE BOSS") provides business owners and organizations (“Clients”) our trademarked service to collect feedback from their customers, and provides tools to help them receive the data quickly and efficiently in various proprietary formats. Our service may also provide a variety of tools and resources to create and manage surveys and feedback offerings. For purposes of this Agreement the term "Services" shall mean all the above mentioned products and related offerings.
  2. From time to time, TELL THE BOSS may modify the terms and conditions of this Agreement and/or the Policies. All such changes shall become effective immediately upon posting of the revised Agreement and/or Policies on TellTheBoss.com. Your use of the Services denotes your acceptance of the Terms and/or Policies.
  3. Changes in Services Offered. TELL THE BOSS reserves the right to change the Services that we offer, and our prices or fees related to such Services at any time. If this change affects you, we will provide you notice of the change on your billing statement or by other communication method. In the event of a change in the content of any Services, you understand and agree that we have no obligation to replace or supplement the products or other Services previously offered that have been discontinued or otherwise changed.

II. BILLING POLICIES AND PAYMENTS FOR SERVICES

  1. You agree to pay all amounts billed for Services you receive from TELL THE BOSS. Unless other arrangements have been made, your credit card will be taken at time of signup and billing will occur monthly thereafter on the same day each month. In some cases, a 30-day trial may occur before billing begins. You hereby authorize TELL THE BOSS to charge your credit card on a regular monthly basis, continuing until your account is cancelled or terminated.
  2. You may cancel Service at any time. You may change your product selection at any time by notifying us in writing or verbally.
  3. If payment is not received 30 days after the due date, this may result in a possible interruption in service. If payment is not received 60 days after the due date, TELL THE BOSS may, at its discretion, discontinue, terminate or suspend the Services and delete all Customer Data from its systems, in each case, without incurring any liability to TELL THE BOSS.
  4. If there are billing errors or other requests for credit, you may contact Customer Service by telephone at (888) 744-2855, or email at info@TellTheBoss.com. within 60 days of the billing statement.

III. TERMINATION

  1. Either party may cancel or terminate the Service at any time for any reason.
  2. Deletion of Information. Upon cancellation or termination, TELL THE BOSS reserves the right to delete from its servers any and all information contained in Client’s account, including Client’s setup information (e.g., its users, user IDs, passwords), and all customer feedback received during their subscription to TELL THE BOSS.

IV. THIRD PARTY CONTENT, LINKS, INTEGRATION AND SERVICES

  1. All feedback cards, placards, or other media (“Media”) displayed in the Client’s places of business must display the words "Powered by TellTheBoss.com®” in at least 6 point Helvetica or similar font, unless other arrangements have been agreed to in writing from TELL THE BOSS.

V. CUSTOMER INFORMATION AND DISCLOSURE

  1. TELL THE BOSS collects email addresses of those who communicate with us via email, SMS of those who communicate with us via SMS, aggregate information on the website pages consumers access or visit, and information volunteered by the Customer (such as feedback and sometimes contact information if requested).
  2. The information we collect may used by the Participating Client to improve the quality of their business. It is also used by TELL THE BOSS to improve the content of our Web pages, the quality of our service, or for purposes of message delivery and is not shared with or sold to other organization for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or if it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
  3. If, however, you have voluntarily consented by providing your contact information to TELL THE BOSS, we and/or the TELL THE BOSS Participating Client may contact you for various purposes by various means, such as postal mail, email, text message, or telephone.

VI. EMAIL AND PASSWORDS

PASSWORDS: You are responsible for maintaining the security of your account information and password. TELL THE BOSS will not be liable for any loss or damage from your failure to do so.

VII. PROHIBITED CONTENT AND COMMERCE.

TELL THE BOSS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of TELL THE BOSS service, for any reason at any time.

VIII. MISCELLANEOUS

  1. You are responsible for promptly notifying us of a change in your name, address, email, and phone numbers by logging in to your account and entering the new information.
  2. Applicable Law. This Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by applicable federal law, the rules and regulations of the Federal Communications Commission, and the laws and regulations of the state and local area where Service is provided. These terms and conditions are subject to amendment, modification or termination if required by such regulations or laws. If any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions.
  3. Other. This document contains the entire Agreement between TELL THE BOSS and you, the Customer. TELL THE BOSS may periodically change the terms and conditions of this Agreement and will become effective immediately upon posting on the TellTheBoss.com website.

IX. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TELL THE BOSS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE OR INFRINGEMENT AGAINST TELL THE BOSS OR ITS SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, OR YOUR MISUSE OF THE TELL THE BOSS SERVICE.

X. WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE TELL THE BOSS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TELL THE BOSS MAKES NO WARRANTY THAT THE ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES TELL THE BOSS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, TELL THE BOSS DOES NOT WARRANT THAT THE SERVICES OR THE TELL THE BOSS SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TELL THE BOSS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. TELL THE BOSS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, OR SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS.

XI. LIMITATION OF TELL THE BOSS'S LIABILITY

IN NO EVENT WILL TELL THE BOSS OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, USE OF CUSTOMER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE TELL THE BOSS SERVICES, OR USE OF THE SERVICES THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF TELL THE BOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL TELL THE BOSS'S TOTAL CUMULATIVE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO TELL THE BOSS IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF TELL THE BOSS AND TELL THE BOSS' SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit TELL THE BOSS's liability in the event of TELL THE BOSS's willful or intentional misconduct.

XII. FORCE MAJEURE

TELL THE BOSS will not be liable or deemed to be in default for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, failure of the Internet, or failure by other suppliers, service providers or carriers.

XIII. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written.

XIV. DISPUTE RESOLUTION AND ARBITRATION

  1. Attempt to Resolve. All disputes concerning the Agreement and/or Services shall be resolved by the following process:
    1. Customer must first document any claim or dispute to TELL THE BOSS in writing by emailing info@TellTheBoss.com..
    2. If Customer's claim or dispute cannot be resolved within sixty (60) calendar days, and Customer elects to continue dispute, Customer must request arbitration as provided below.
  2. Arbitration. Except as expressly provided below, any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by final and binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in a court of competent jurisdiction. Arbitration will be conducted by a single arbitrator.
  3. Waiver of right to trial. Customer understands and acknowledges that it is waiving the right to have any dispute heard by a jury and determined in a court of law.
  4. No Punitive Damages. The parties agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. The parties agree that they will not seek, and an arbitrator may not award, relief in excess of or contrary to what this Agreement expressly provides, and an arbitrator may not award punitive damages. The parties further agree that an arbitrator may not order consolidation or class arbitration. Each party will bear the costs of arbitration equally but each is responsible for its own attorney fees in arbitration and legal proceedings.
  5. Arbitration Confidentiality. Any arbitration shall be confidential, and neither Customer nor TELL THE BOSS may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, the remainder shall still be give force and effect.
  6. Waiver of Punitive Damage Claims and Class Actions. By this Agreement, both Customer and TELL THE BOSS are waiving certain rights to litigate a dispute in court. If for any reason this arbitration clause is deemed inapplicable or invalid, Customer and TELL THE BOSS both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
  7. Governing Law. For any matter not subject to arbitration, Customer and TELL THE BOSS agree to submit to the personal and exclusive jurisdiction of U.S. District Court, or in alternatively, other civil court with jurisdiction in Orange County, California. The laws of the State of California shall govern this Agreement, without regard to its conflict of law provisions.
  8. Not a waiver. TELL THE BOSS's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.

Privacy Policy

  1. WHAT INFORMATION DO WE COLLECT?

    From Participating Clients: We collect various information from you when you sign up or fill out a form. From Customers of Participating Clients: we collect any comments you submit and any other contact or other identifying information you may have voluntarily entered.
  2. WHAT DO WE USE YOUR INFORMATION FOR?

    Information we collect from Participating Clients may be used in any of the following ways:
    1. To add, edit or personalize your account information.
    2. To process transactions.
    3. To send periodic emails or contact you for business-related matters.
    4. To improve customer service.

    Information we collect from Customers submitting feedback to TELL THE BOSS regarding a Participating Client is used to create a database of the feedback which may be used in any of the following ways:
    1. The database will be visible to Participating Clients when they log in to their account at TellTheBoss.com.
    2. The database will be used to create reports for the Participating Clients.
    3. Notifications may be sent to the Participating Clients containing the feedback.

    * Neither Participating Client information or Customer information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent.
  3. HOW DO WE PROTECT YOUR INFORMATION?

    Customers submitting feedback to TELL THE BOSS: your name and/or mobile number will not appear in our database for Participating Clients to see unless you type it in. TellTheBoss.com is SSL certified. All credit card information is encrypted and transmitted via Secure Socket Layer (SSL) technology. This is the most trusted mechanism available today for credit card confidentiality.
  4. DO WE USE COOKIES?

    TELL THE BOSS may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you. If used, these cookies do not contain Personal Identity Information.

    One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits.

    You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website. TELL THE BOSS may use third-party analytic reporting that also utilizes cookies.
  5. DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?

    We do not sell, trade, or transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
  6. THIRD PARTY LINKS

    Occasionally, at TELL THE BOSS’s discretion, we may include or offer third-party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
  7. CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE

    Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
  8. CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE

    We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act). We do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are 13 years or older.
  9. TERMS AND CONDITIONS

    Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at TellTheBoss.com.
  10. YOUR CONSENT

    By using our site, you consent to our Privacy Policy.
  11. CHANGES TO OUR PRIVACY POLICY

    Any future changes to our Privacy Policy will be immediately posted on this page.  The Privacy Policy was last modified on May 27, 2015.
  12. CONTACTING US

    If you have any questions regarding this Privacy Policy, you may contact us at. TELL THE BOSS, INC.
    27762 Antonio Parkway, Suite L-1504
    Ladera Ranch, CA 92694 USA
    Email: info@TellTheBoss.com.
    Website: TellTheBoss.com

Customer Feedback Contest - Official Rules

This promotion is intended for the participation in the 50 United States and the District of Columbia only and shall be construed and evaluated according to the laws of the United States. Entrants must not enter this contest unless they are a legal resident of the 50 United States or the District of Columbia and 18 years of age or older. Entrants are not eligible if they are an employee of TELL THE BOSS, INC., or any of the Participating Clients or subsidiaries.

  1. TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. Use of clients’ services will not increase your chances of winning. The TELL THE BOSS Customer Feedback Contest (“Contest”) is sponsored by TELL THE BOSS, INC. (“TELL THE BOSS”) together with TELL THE BOSS clients participating in the Contest (“Participating Clients”). To determine if it is a Participating Client, the feedback card, placard, receipt, sign, or other media (“Media”) will offer a prize. To enter the Contest, use the QR code, texting code, or URL as indicated on the Media of the Participating Client, as follows:
    1. Scan the QR code (“QR Entry”) using a cell phone or mobile device, enter a comment, and click Submit; or
    2. Text the texting code (“Texted Entry”) using a cell phone to 22121. Text a comment, and press Send. Text message and data rates may apply; or
    3. Visit the website (“Website Entry”) indicated on the Media, enter a comment, and click Submit.

    The feedback entered must be for a TELL THE BOSS client participating in the contest (a “Participating Client”). To determine if it is a Participating Client, the Media will offer a prize.
  2. By submitting an entry via one of the three methods described above, you will automatically be entered into the Contest. In some cases, you may be asked to enter your mobile number or email to enter. Your entry will be subject to these Official Rules.
  3. Each Contest Period, a winner will be chosen to win a prize as advertised on the Media. The prize may vary from one Participating Client to the next, and the number of entries made on behalf of the Participant Client(s) will determine the odds of winning the prize.
  4. Limit one (1) QR Entry, Texted Entry, or Website Entry every day. Extra entries received in violation of this limitation shall be void. All entries via QR Entry, Texted Entry, or Website Entry methods must offer opinions of quality of service and/or quality of product, as prompted by the media involved.

    EACH ENTRANT HEREBY EXPRESSLY AUTHORIZES AND CONSENTS TO TELL THE BOSS CONTACTING THE ENTRANT, ONLY IN RELATION TO THE CONTEST.

    In the event of a dispute regarding the identity of the person submitting the entry, in the case of a QR Entry, Texted Entry, or Website Entry, the entry will be deemed submitted by the person in whose name the telephone or email account is registered. For any method used to enter the Contest, an "Entrant" shall mean an individual who has successfully submitted a valid, complete and legitimate Contest entry, in strict accordance with these Official Rules, as interpreted solely by TELL THE BOSS.
  5. CONTEST PERIOD: The Contest period is monthly beginning the first day of the month at 12:00 a.m. Pacific Standard Time ("Contest Commencement Date") and ending the last day of the month at 11:59 p.m. (“Contest End Date”). The Contest period may change without notice, and will be posted in this document. The Contest and the Contest period may vary from one Participating Client to the next. Each month, a separate contest will take place, with the exception of months where less than 500 entries have been made into the Contest during the Contest period. When less than 500 entries are received, no Contest will take place that month.
  6. ELIGIBILITY: To be eligible, you must be 18 years of age or older, and be a legal resident of the 50 United States and the District of Columbia. Family members of TELL THE BOSS or Participating Clients or any of its subsidiaries, licensees, or affiliates are not eligible. The feedback that you enter must be for a TELL THE BOSS client participating in the contest (a “Participating Client”). To determine if it is a Participating Client, the Media will offer a prize.
  7. WINNER SELECTION: Within 10 days of the Contest End Date, TELL THE BOSS will make the winner selection. The evaluation of the comment will be made at the sole discretion of TELL THE BOSS, and will be based on the quality of the comment made through the TELL THE BOSS, specifically the comment’s helpfulness in improving the service of the business where the comment was solicited.
  8. PRIZES: Each Contest winner will receive a prize as described in the Media. Each prize will be awarded, provided such prize is properly claimed. If the winner does not claim or qualify to receive the prize within 3 days, an alternate winner will be selected and given the opportunity to claim the prize. In the event the Entrant does not wish to be considered for eligibility of the prize, or wishes to be exempt from the terms and conditions set herein, the Entrant may decline the prize at the time of contact.
  9. WINNER NOTIFICATION: Each Contest winner will be notified by telephone, email, or text message. If TELL THE BOSS is unable to contact a winner despite reasonable efforts to do so within 3 days, an alternate winner will be selected. FAILURE TO RETURN THE SIGNED DECLARATION AND RELEASE OF LIABILITY, IF APPLICABLE, WITHIN TWENTY (20) DAYS OF NOTIFICATION MAY RESULT IN FORFEITURE OF PRIZE AND THE SELECTION OF AN ALTERNATE WINNER, WITHOUT FURTHER NOTICE FROM TELL THE BOSS. IF THE PRIZE NOTIFICATION OR THE PRIZE ITSELF IS FOUND TO BE UNDELIVERABLE, THE PRIZE WILL BE FORFEITTED BY THE ENTRANT AND AN ALTERNATE WINNER WILL BE SELECTED.
  10. GENERAL CONDITIONS: This Contest is void outside of the United States and the District of Columbia and wherever prohibited by law. All federal, state, and local laws and regulations apply to this Contest. No prize transfers, cash redemption or substitutions permitted except in the event of unavailability of prize, in which case TELL THE BOSS may, in its own discretion, substitute a prize of equal or greater value. TELL THE BOSS will not replace any lost, misplaced or stolen prizes. Federal law may require that a Form 1099 be supplied to the winner. All federal, state and local taxes on the prize, if any, are the sole responsibility of the winner. The Contest is also subject to these Official Rules. If the Entrant cannot or will not comply with these Official Rules, they should not enter or participate in the Contest. By entering this Contest, Entrants agree to abide by and be bound by these Official Rules and to waive any right to claim any ambiguity or error in these Official Rules or the Contest itself. Entrants agree to be bound by all decisions of TELL THE BOSS, whose decisions are final and binding. Submission of entry constitutes permission for TELL THE BOSS to use the Contest winner's name, city and state of residence, except where prohibited by law.
  11. PRIVACY POLICY: Any information collected from Entrants registering or entering the Contest shall be stored, maintained, collected, used and/or disclosed only in the manner consistent with these Official Rules and the TELL THE BOSS privacy policy, which can be found at TellTheBoss.com. Any opinions or survey responses regarding the Participating Clients may be used to evaluate and improve the Participating Client’s businesses and for any other permitted purposes.
  12. INTELLECTUAL PROPERTY: All comments received from the Entrant via the Media or any other means become the intellectual property of TELL THE BOSS. TELL THE BOSS has the right to display the winner’s comments on the TELL THE BOSS website at its discretion, or use for marketing, on printed materials, or any other purpose. Only the first name and last initial of the Entrant will be displayed (for example John S.)
  13. DISCLAIMERS:

    BY ENTERING THE CONTEST, EACH ENTRANT RELEASES FOREVER TELL THE BOSS AND ALL PARTICIPATING CLIENTS FROM, AND WAIVES ANY CLAIM IT MAY HAVE AGAINST TELL THE BOSS AND ALL PARTICIPATING CLIENTS FOR, ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY AND ALL LOSSES, DAMAGES, LIABILITIES, ACTIONS, INJURIES AND/OR COSTS AND/OR EXPENSES, INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEYS' FEES CONNECTED TO PARTICIPATION IN THE CONTEST, DIRECTLY OR INDIRECTLY, INCLUDING ENTRY, CONTACT METHODS, OR ACTIVITIES RELATED TO DELIVERY OF THE PRIZE OR ANY SUBSEQUENT USE OF THE PRIZE AWARDED HEREIN. 

    Each Entrant agrees that TELL THE BOSS or Participating Clients will not be responsible or liable for any entries which are not in compliance with these Official Rules, or for any late, garbled, lost, illegible, stolen, damaged, incomplete, or misdirected entries or data transmission. TELL THE BOSS and Participating Clients are not responsible for technical, software, hardware or communication malfunctions of any kind, or failed, incomplete, incorrect, inaccurate, garbled, or delayed electronic communications caused by the user or by any of the electronic communication, computer programming, or telephone equipment associated with this Contest, by any human error or by the failure of any electronic, mail, or delivery service which may occur in the processing of the entries in this Contest. TELL THE BOSS reserves the right, at its sole discretion, to terminate, suspend or modify the Contest if the Contest is not capable of running as planned, due to technical difficulties related to, but not limited to, infection by computer virus, tampering, fraud, technical failures, or any other problems beyond the control of TELL THE BOSS. TELL THE BOSS reserves the right, at its sole discretion, to disqualify any individual it determines to be violating the Official Rules, or acting in a manner that compromises the Contest rules or operating methods, or disrupts the business processes of TELL THE BOSS. For the purposes of entering the TELL THE BOSS Contest via QR Entry, Texted Entry, Website Entry methods, the Entrant is not subscribing for anything other than the initial message which provides a method to submit their feedback and/or a link to the survey, and entry into the Contest, set forth in these Official Rules. When contact information is provided by the Entrant, TELL THE BOSS will use that information for Contest notification purposes. However, TELL THE BOSS is not liable if the Participating Client contacts the Entrant for any other purpose.

    TELL THE BOSS is not responsible for reprinting feedback cards or other Media or marketing costs if or when the Contest period is changed or the Contest program has ended.

    In the event that a Participating Client’s subscription to TELL THE BOSS has ended or been terminated for any reason, TELL THE BOSS is not responsible for Media that may be displayed in their place of business, or elsewhere, after termination of the account. Therefore, any entries made after termination of such accounts will not be eligible.
  14. CANCELLATION, TERMINATION OR SUSPENSION; DAMAGES: In the event the Contest is canceled, terminated, modified or suspended, notification will be posted by TELL THE BOSS at TellTheBoss.com.   Any attempt by an Entrant or other individual to deliberately damage the website TellTheBoss.com or undermine the operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, TELL THE BOSS reserves the right to seek any and all damages and other remedies from any such person(s) to the fullest extent permitted by law.