2019 MSP Nifty Gifty (the “Sweepstakes”)
Official Sweepstakes Rules (“Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS (“YOU”) MAY BE REQUIRED TO EXECUTE AN AFFIRMATION OF ELIGIBILITY AND RELEASE OF LIABILITY AGREEMENT.
BY ENTERING THE SWEEPSTAKES, YOU ARE PROVIDING YOUR INFORMATION TO SPONSORS AND PERMITTING ITS USE AS DESCRIBED BELOW UNDER COLLECTION AND USE OF DATA.
The coordinating sponsor is Auvik Networks Inc. (“Auvik” or “Coordinating Sponsor”) headquartered in Canada at 451 Phillip Street, Waterloo, Ontario N2L 3X2.
The following table lists the supporting sponsors (each, a “Supporting Sponsor”). Supporting Sponsors, together with Coordinating Sponsor, are referred to in these Rules as “Sponsors”.
The Sweepstakes is open to residents of:
- Australia (excluding New South Wales and Australian Capital Territory),
- Canada (excluding Quebec),
- New Zealand,
- United Kingdom, and
- the 50 United States of America (and the District of Columbia)
who have reached the age of majority in their jurisdiction of residence. Only IT managed service providers (MSPs) are eligible for the Prize.
You are not eligible if you are: (1) an employee, director, shareholder, partner, agent or other representative of Sponsors and their respective affiliates, (2) a person that is closely connected with the design or administration of the Sweepstakes, or (3) an immediate family member of, or person domiciled with, anyone described in (1) or (2).
The Sweepstakes is subject to all applicable laws and regulations and void where prohibited by law.
The Sweepstakes begins on November 25, 2019 at 8:00 a.m. ET and ends on December 13, 2019 at 8:00 p.m. ET (the “Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Coordinating Sponsor’s computer is the official timekeeper for the Sweepstakes.
HOW TO ENTER:
NO PURCHASE NECESSARY. You may enter the Sweepstakes by fully completing and submitting an entry form (each, an “Entry”) online during the Sweepstakes Period. The online entry form is available at lp.auvik.com/nifty-gifty/ (the “Website”). For your Entry to be eligible, it must include all of the required information and fulfill all Sweepstakes requirements, as specified herein. Whenever a determination must be made, including for eligibility, it will be determined in the sole discretion of Coordinating Sponsor. All Entries become the property of Coordinating Sponsor.
You may enter one time. Multiple entries from the same person will be disqualified. If you opt to access the Sweepstakes or to submit your Entry via your web-enabled mobile device, data rates may apply. Sponsors are not responsible for any charges.
After the Sweepstakes Period, no further entries to the Sweepstakes will be permitted. No responsibility can be accepted for entries not received for whatever reason. Coordinating Sponsor does not assume responsibility for phone, technical, network, electronic, computer, hardware or software failures of any kind, or misdirected, stolen, incomplete, garbled, or delayed Internet/e-mail computer transmissions.
PRIZE:There will be one grand prize (the “Prize”) available to be won, consisting of Products described here with an approximate retail value of $1,900 USD.
All characteristics and features of the Prize, unless otherwise explicitly described in these Rules, are at the Coordinating Sponsor’s sole and absolute discretion. The Prize is to be awarded “as is” with no warranty or guarantee, either express or implied, by Sponsors.
The Prize may not be substituted or exchanged, including, without limitation, for cash, or assigned or transferred by the Prize winner except at Coordinating Sponsor’s sole discretion. The Prize winner is solely responsible for any local, provincial, state, federal and other taxes and charges in connection with the receipt and use of the Prize, including, where applicable, sales, income and other similar taxes. Any additional expenses incident to the receipt and use of a Prize are the sole responsibility of the winner.
If a confirmed Prize winner does not comply with these Rules, then the Prize will be forfeited and no replacement winner will be chosen.
CERTAIN RESTRICTIONS MAY APPLY. WINNER WILL BE REQUIRED TO EXECUTE AN AFFIRMATION OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE IN FORM SATISFACTORY TO COORDINATING SPONSOR.
WINNER SELECTION & CONFIRMATION:
On December 17, 2019 (the “Draw Date”) in Waterloo, Ontario at 9:00 a.m. ET, one potential Prize winner will be selected in a random draw from among all eligible Entries submitted and received in accordance with these Rules. The draw will be conducted by Coordinating Sponsor (or its designated representative) whose decisions are final on all matters relating to the Sweepstakes. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules.
The potential Prize winner will be notified by phone or email and will be required to fulfill the following conditions (“Confirmation Conditions”) within three business days of notification in order to be confirmed as Prize winner:
- sign and return an Affirmation of Eligibility and Liability/Publicity Release (“Affirmation & Release”) in form satisfactory to Coordinating Sponsor,
- correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the discretion of Coordinating Sponsor, be administered online, by email, by telephone or in the form of Affirmation & Release), and
- If requested, provide proof of identity acceptable to Coordination Sponsor.
A potential Prize winner may be disqualified and determined ineligible if he/she fails to satisfy the Confirmation Conditions within the allotted time, or if he/she is otherwise determined by Coordinating Sponsor to be in violation of the Rules. In such event, Coordinating Sponsor may select an alternate potential winner by a random drawing. Any alternate potential Prize winner must satisfy the Confirmation Conditions before being confirmed as winner.
COLLECTION AND USE OF DATA:
By visiting the Website and entering the Sweepstakes, you are providing your information to Sponsors, including your personal data. We gather this data in order to (1) administer the Sweepstakes, and (2) share marketing and other industry information with you.
Note that applicable privacy regulations, including but not limited to the General Data Protection Regulation (GDPR) provide a number of protections for use of your personal data. Any personal data collected from you will be subject to:
- The privacy policies of Supporting Sponsors, located at the internet addresses specified in the table above under “SPONSORS”
By entering the Sweepstakes, you expressly consent to:
- Coordinating Sponsor transferring your information to Supporting Sponsors (located in the United States and Canada);
- receiving communications from Sponsors, their agents and/or representatives; and
- such other processing, storage or use of your information by Sponsors and to which you have consented by express agreement.
Final Decisions: By entering the Sweepstakes, you agree to abide by these Rules and the decisions of Coordinating Sponsor in all matters, which are final and in its sole and absolute discretion.
Priority: In the event of any discrepancy or inconsistency between the Rules and disclosures or other statements contained in any Sweepstakes-related materials, including, but not limited to: the Sweepstakes Entry, Website, and/or print or online advertising, the Rules will prevail, govern and control to the fullest extent permitted by law.
Reservation of Rights: Coordinating Sponsor reserves the right to cancel, modify or suspend the Sweepstakes or any element thereof (including, but not limited to the Rules) without notice in any manner and for any reason (including as a result of accident or error or in the event of any unanticipated occurrence that is not fully addressed in the Rules). Any attempt to deliberately damage any website or to undermine the legitimate operation of this Sweepstakes in any way is a violation of criminal and civil laws and should such an attempt be made, Coordinating Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. Coordinating Sponsor reserves the right, and without prior notice, to adjust any of the dates, timeframes and/or other Sweepstakes mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Coordinating Sponsor, in its sole and absolute discretion, affect the proper administration of the Sweepstakes as contemplated in these Rules, or for any other reason. Without limiting the generality of the foregoing, Coordinating Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill to any entrant as it deems appropriate based on the circumstances and/or to comply with applicable law.
DISCLAIMER, RELEASE AND LIMIT OF LIABILITY:
SPONSORS AND SPONSORS’ AGENTS AND CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE SWEEPSTAKES.
BY PARTICIPATING IN THE SWEEPSTAKES OR RECEIPT OF THE PRIZE, YOU AGREE TO RELEASE AND HOLD HARMLESS SPONSORS, THEIR RESPECTIVE AFFILIATES AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY INJURY, LOSS, DAMAGE, CLAIM, ACTION, OR ANY LIABILITY OF ANY KIND ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF ANY PRIZE THAT MAY BE AWARDED.
RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (i) any failure of a website or any device during the Sweepstakes; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Sweepstakes; and/or (v) any combination of the above.
WINNER’S NAME & RULES:
To obtain a copy of the winner’s name or of these Rules, mail your request along with a self-addressed, stamped envelope to: Auvik Networks Inc., 451 Phillip St., Suite 200, Waterloo, Ontario, N2L 3X2. Requests must be received before January 30, 2020.
The Sweepstakes and the Rules are governed by the laws of the Province of Ontario, Canada, without respect to conflict of law doctrines. Sponsors and, as a condition of participating in the Sweepstakes, each entrant, hereby agree that any dispute which cannot be resolved between the parties, and causes of action arising out of the Sweepstakes, will be subject to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in the City of Toronto, Ontario.