NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. CONTEST VOID WHERE PROHIBITED.
Sponsor: Avalara, Inc., 1100 Second Avenue, Suite 300, Seattle, Washington 98101. Acceptance of Official Rules. By entering GIMME 5 SMALL BUSINESS SPOTLIGHT CONTEST from Avalara (the "Contest"), you hereby agree to these official rules (the "Official Rules") of this Contest. You shall comply with Avalara’s decisions in connection with this Contest, which are final.
Eligibility. To be eligible to win a prize, entrant must be a current customer of Avalara accessing the Avalara services through one of the following platforms: Intuit QuickBooks, X-Cart, VirtueMart, PrestaShop, PinnacleCart, BigCommerce, OpenCart, Pixami, CS-Cart, WooCommerce, 3dcart, Zen Cart, AccountingSuite, Drupal Commerce, 1&1, Fishbowl, Amazon, Etsy, Weebly, Xero, and PayPal (together, the “Platform Partners”). Entries must be completed and received by Avalara in the manner and format designated below. Individuals, including employees of customers, are not eligible to win the prize. Directors, officers and employees of Avalara and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win the prize. All applicable federal, state and local laws and regulations apply. Any entrant who attempts to enter with multiple Twitter or Facebook accounts will be disqualified and forfeit any prize won, at Avalara’s sole discretion. No limit to entries, but entrant may not submit duplicates of a single entry. An entrant is only eligible to win the prize once.
Disclaimer. Avalara, Facebook, Inc., Twitter, Inc., the Platform Partners, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, and agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled, distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses, or damages caused by events beyond the control of Avalara or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
Contest Period. The Contest starts at 12:00:01 a.m. (all times Pacific Time) on December 16, 2016 and ends at 11:59:59 p.m. on March 15, 2017 (the "Contest Period"). During the Contest Period, one entry will be selected to win during each of the months of January, February and March 2017 (each a “Prize Month”). All entries must be received during the Contest Period to be eligible to win a prize, and entries submitted during the Contest Period and received by the fifteenth day of a Prize Month will be eligible for that month’s prize. Winner will be notified by telephone or e-mail by the 20th day of the Prize Month, and must follow the instructions contained in the notification. Avalara will use the contact information in the entrant’s customer account. Avalara is not responsible for any changes in your contact information, and you must notify Avalara of any such changes in order to maintain your eligibility for the Contest.est.
Judging. For each Prize Month, the winner will be selected by a panel of judges selected by Avalara. The winner will be selected based on the judges’ subjective determination as to which is the most apt, original, and interesting submission for that Prize Month.
Prizes. Winners will each receive $5,000 and the choice of either (i) an AvaTax sales tax calculation service annual subscription for 1,500 Documents (approximate retail value $200), or (ii) a Trustfile Online annual subscription (approximate retail value $288). The total estimated retail value of the prizes offered through this Contest is between $20,800 and $21,152. As a condition of being awarded the prize, winner will be required to execute and deliver to Avalara a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Avalara in its sole discretion. The award of the AvaTax subscription is subject to winner’s acceptance of the Avalara terms and conditions available at http://www.avalara.com/terms, and the award of the Trustfile subscription is subject to winner’s acceptance of the Trustfile terms and conditions available at https://www.avalara.com/avalara-trustfile-terms/.
How to Enter. Entrant can enter the Contest by any one of the following means:
- The entrant must be a registered member of Facebook, “Like” Avalara’s Facebook page, and post to Avalara’s Facebook page (i) a one-minute video that includes your company’s name, the name of a contact at the company, what you do with the five hours you save each week with sales tax automation, and what your business would do with $5,000 cash, and (ii) a link to your business’s website with the hashtag #gimme5avalara.
- The entrant must be a registered member of Twitter, follow Avalara’s Twitter account, and post to entrant’s Twitter feed (i) a one-minute video that includes your company’s name, the name of a contact at the company, what you do with the five hours you save each week with sales tax automation, and what your business would do with $5,000 cash, and (ii) a link to your business’s website with the hashtag #gimme5avalara. OR
- Complete and submit the Gimme 5 Contest entry form, including your company’s name, the name of a contact at the company, what you do with the five hours you save each week with sales tax automation, and what your business would do with $5,000 cash, available at http://www.info.avalara.com/Gimme5. Entrant must complete the entry form with all requested information.
Entries may not contain obscene, lewd, infringing, derogatory, illegal, or inappropriate content, or otherwise violate these Official Rules, as determined in Avalara’s sole discretion. If the prize is not claimed within 14 days after notification, it will be forfeited and awarded to an alternate winner. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Avalara reserves the right to substitute a prize of equal or greater value for any prize.
Taxes. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Winners must provide a completed W-9 to Avalara, and Avalara will file an IRS Form 1099 with the Internal Revenue Service. If a winner refuses to complete a W-9 within 14 business days after the request is made, the winner will be disqualified and an alternate winner will be selected in accordance with these Official Rules. Such a winner will have no right to an alternate prize in lieu of providing a completed Form W-9 for the original prize.
Avalara Ownership of Entries. You hereby warrant and represent that (a) you own all rights in and to all entries and materials submitted to Avalara in connection with the Contest (collectively, "Entry Materials") and that (b) such Entry Materials are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate, or infringe any copyright, trademark, or other proprietary right of any other person or entity. Except where prohibited by law, entry into the Contest constitutes permission for Avalara to use winner’s name, logo, and/or prize information, without limitation, for promotional purposes without further permission or compensation.
License to Submissions. Avalara may post your Entry Materials on its website, including but not limited to as part of the Gimme 5 Small Business Customer Spotlight. By entering the Contest and submitting your Entry Materials, you hereby grant to Avalara a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Entry Materials, or any portion thereof, in connection with the Contest and for other entertainment, instruction/education advertising, marketing and promotional purposes, and to incorporate Entry Materials, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Avalara will have no obligation to publish or use or retain any Entry Materials you submit. You will not be entitled to compensation for any use by Avalara, or its agents, licensees or assignees, of your Entry Materials.
No Facebook or Twitter Endorsement. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. or Twitter, Inc. You understand that by participating, you are providing your information to Avalara, not to Facebook, Inc. or Twitter, Inc. You understand that by using and interacting with www.facebook.com and www.twitter.com, you are subject to the terms, conditions, and policies that govern the use of those sites. You should therefore review the applicable terms and policies for those sites, including privacy and data gathering practices, before using or interacting with Facebook or Twitter.
General Release. By entering the Contest, you release Avalara and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest (including, without limitation, claims, costs, injuries, losses, and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty, or other theory.
LIMITATION OF LIABILITY. IN NO EVENT WILL AVALARA OR ANY RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM ENTRANT'S PARTICIPATION IN THIS CONTEST, OR USE OF OR INABILITY TO USE ANY PRIZE, EVEN IF AVALARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE MAY NOT APPLY TO YOU.
Winners List; Rules Request. For a copy of the winners list, send a stamped, self-addressed, business-size envelope after March 15, 2017 and before March 16, 2018 to Avalara at the address listed below, Attn: Public Relations Team – Gimme 5 Winners List. To obtain a copy of these Official Rules, send a stamped, self-addressed business-size envelope to Avalara at the address listed below, Attn: Public Relations Team – Gimme 5 Rules Request. Residents of VT may omit return postage.
Copyright Notice. AVALARA, AVATAX and TRUSTFILE are trademarks of Avalara. The Contest and all accompanying materials are copyright © 2016 by Avalara. All rights reserved.
Governing Law. The Contest and these Official Rules, including any disputes hereunder, will be governed, construed, and interpreted under the laws of the State of Washington, without giving effect to any conflict of laws principles. The state or federal courts in King County, Washington, will have exclusive jurisdiction over any suit.
Miscellaneous. Entrants agree to be bound by these Official Rules and by the decisions of Avalara, which are final and binding in all respects. Avalara reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant's participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Avalara's control affect the administration, security or proper play of the Contest, or Avalara otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. Avalara’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision, nor will it waive or invalidate any other provision of these Official Rules. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Contest, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Avalara, the Contest or any other entrant (in each case as determined in Avalara's sole discretion) are subject to disqualification from entry into the Contest. Avalara reserves the right to lock out entrants whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Contest, please e-mail them to firstname.lastname@example.org or send written questions to the address listed below, Attn: Public Relations Team.