AVALARA SALES TAX HORIZONS CONTEST OFFICIAL RULES
THERE IS NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. CONTEST. The Avalara Sales Tax Horizons Contest (the “Contest”) is a contest offered by Avalara, Inc. (the “Sponsor”). Participants may enter the Contest between 1:00 p.m. Pacific Standard Time (“PST”) on February 19, 2014 and 11:59 p.m. PST on March 10, 2014 (the “Contest Period”).
2. ELIGIBILITY TO PARTICIPATE IN THE CONTEST. The Contest is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old or the age of majority, whichever is older, and able to enter into contracts where they reside at the time of entry. By entering, each Participant represents and warrants that they meet these eligibility requirements. The Contest is not open to shareholders, managers, or employees of Sponsor, or any of its parent companies, affiliates, subsidiaries, and advertising or promotional agencies (collectively, the “Contest Entities”), or to the immediate family members of, or to any persons domiciled with, any such shareholders, managers or employees. For purposes of the Contest, “immediate family members” are defined as spouses, children, siblings, parents, grandparents, and grandchildren. Each eligible person that enters this Contest and is eligible to win will be referred to in these Rules as a “Participant” and collectively as “Participants.”
3. ACCEPTANCE OF RULES AND CONDITIONS AND CONSENT TO BE CONTACTED. As a condition to entering this Contest and receipt of any Prize, each Participant must accept and agree to these Official Rules (the “Rules”), which become a binding legal agreement between the Participant and Sponsor. Therefore, please read these Rules prior to entry to ensure you understand and agree to them. Each Participant further consents to being contacted by Sponsor by email, text message, mobile phone, regular phone, regular mail, or courier service with respect to the Contest. Each Participant also agrees that all decisions of Sponsor relating to the Contest or these Rules shall be final and binding.
4. HOW TO ENTER THE CONTEST. A Participant may enter the Contest by going to the Contest webpage at https://www.avalara.com/blog/2014/02/17/your-winning-internet-tax-challenge or https://www.avalara.com/blog/2014/02/17/the-ebook-tax-enigma/, and answering the questions there and providing your contact information (each completed entry will be referred to hereinafter as an “Entry.”) Entries may not contain obscene, lewd, infringing, derogatory, illegal or inappropriate content, or otherwise violate these Official Rules, as determined in Sponsor’s sole discretion.
Winners may be required to show proof of identity associated with the Entry.
All responses must be in English and must comply with the word count and other requirements specified at the Contest Page. Participants and winners acknowledge and agree that all Entries, become the property of Sponsor, which has the right to edit, adapt, modify, reproduce, promote and otherwise use all Entries in any way it sees fit. Entries may be posted on the Contest Page, Sponsor’s websites and third parties websites, in Sponsor’s sole discretion.
Only one (1) entry per person regardless of method of entry. Any attempt by any Participant to obtain more than the allowed number of entries by using multiple/different/fictitious/false email addresses or any other methods will void that Participant’s entry, and that Participant will be disqualified from the entire Contest. Sponsor’s computer is the official timekeeping device for the Contest. No automated entry devices and/or programs are permitted. Sponsor is not responsible for lost, late, incomplete, invalid, illegible, or misdirected entries, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled, or delayed computer transmissions or any combination thereof; or for any error, human, technical, or otherwise. Entries may not be acknowledged or returned.
5. POSTING AND VOTING ON ENTRIES. Each Participant agrees and consents to their responses to the questions being posted publicly online at the Contest Page to be voted on during the Contest Period. Visitors to the Contest Page will vote on answer(s) of their choosing by clicking a “thumbs up” radio button beside the answer(s). Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements, as determined by Sponsor in its sole discretion. Any attempt by any person to submit more than the stated number of votes by using false or fictitious names or email addresses, multiple/different e-mail addresses, identities or any other method will void that voter’s Entry (if any) and votes and he/she will be disqualified from further participation in the Contest. Use of script, macro or any other automated system to submit votes is prohibited and all such votes utilizing those means will be void. Any listing of number of votes per Entry during the Contest Period shall be considered preliminary and shall not constitute an official tally of the votes for purposes of determining the winner. The actual winner will only be determined after close of the Contest Period and Sponsor has taken such steps as it deems appropriate in its sole discretion to verify the voting. All decisions made by Sponsor regarding the disqualification of votes or any Participant will be in Sponsor’s sole discretion and final and binding on all Participants.
6. SELECTION AND NOTIFICATION OF WINNER. The top four (4) Entries (“Finalists”) in terms of valid votes during the Contest Period will be presented to a panel of judges designated by Sponsor to judge and pick two (2) winning Entries (“Prize Winners”) based on an Entry’s alignment with the content and tone of the Avalara Sales Tax Horizon Conference agenda and the topics that will be presented by our panel of speakers (more information at https://salestaxhorizons.com/agenda). All decisions by the judges are final and binding on all Participants.
The two (2) Prize Winners will be notified by email at the email address provided with the entry. If a potential Prize Winner cannot be reached by email within forty-eight (48) hours of the first notification attempt, an alternate Prize Winner will be randomly selected from among the remaining Participants for that Contest Period. The Prize Winner may be required to execute and return to Sponsor an Affidavit and Publicity/Liability Release (except where prohibited by law) in such form as designated by Sponsor. If said document is not executed by a Potential Prize Winner and received back by Sponsor within seven (7) days of the date it is emailed by Sponsor, the Prize will be forfeited, the potential Prize Winner disqualified, and an alternative Prize Winner will be selected from among the remaining Finalists. A Prize Winner may be required to provide evidence of identity satisfactory to Sponsor in order to claim and receive his/her Prize.
7. PRIZES. One (1) prize will be awarded to each Prize Winner, each consisting of one(1) ticket for admission to the Avalara Sales Tax Horizon Conference scheduled for April 30-May2 in Grand Hyatt, Seattle (the “Prize”). The Prize Winner is responsible for all others cost of attending the Conference, including without limitation travel, lodging and meals. The approximate retail value of each Prize package is $595. The odds of winning depend on the number and quality of Entries during the Contest Period. If a Prize cannot be awarded to a Participant for any reason, then Sponsor may disqualify that Participant and award the Prize to another Participant based on the criteria set forth in Section 6 above. The Prize is not transferable and no Prize substitution is available, except that Sponsor may substitute another prize of equal or greater value in place of the stated Prize, to the extent permitted by applicable law. The Prize is not redeemable in cash.
8. WINNER’S LIST: The names of the Prize Winners will posted on the Contest Page on or after 11 a.m. Pacific Time, March 12, 2014.
9. TAXES. Each Prize Winner is solely responsible for paying any and all applicable federal, state, and local taxes that may be imposed in connection with the Prize.
10. RELEASE OF LIABILITY. By entering the Contest, and to the maximum extent permitted by law, each Participant agrees to and hereby releases Sponsor, the Contest Entities, and each of their respective directors, officers, employees, agents, successors, and assigns from any and all liability, losses, costs, damages, or injuries arising out of participation in this Contest, with respect to the awarding, receipt, use and/or misuse of the Prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
11. PERSONAL INFORMATION. Any personally identifiable information, including, but not limited to name and email address, (“Personal Information”) provided by a Participant hereunder will be used by Sponsor for the purposes of administering the Contest, contacting Participants during the Contest, and notifying and publicizing the Prize Winner.
12. PERMISSION TO USE NAME AND LIKENESS. By participating in the Contest, Participants agree that their name, image, likeness, city, and state may be used for any advertising and promotional purposes at Sponsor’s discretion in any and all media now known or hereinafter developed without territorial or time limitations, or right of approval, and for no additional compensation, except where prohibited or restricted by law.
13. GENERAL PROVISIONS.
• DISQUALIFICATION. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY PARTICIPANT FOUND TAMPERING WITH THE ENTRY PROCESS OR WITH THE OPERATION OF THE CONTEST, OR ENGAGING IN ANY FORM OF FRAUDULENT ACTIVITY OR UNSPORTSMANLIKE CONDUCT, OR VIOLATING THESE OFFICIAL RULES. ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION OF SUCH PARTICIPANT. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
• DISCLAIMERS. PARTICIPANTS AGREE THAT ANY PRIZE AWARDED IS BEING PROVIDED “AS IS”, AND THAT THE CONTEST ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING THE PRIZE, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE CONTEST ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER DESTRUCTIVE CODE RESULTING FROM PARTICIPATION IN THE CONTEST.
• No Viruses. Participants agree to not upload, post, or transmit any materials which contain any computer viruses, Easter eggs, worms, Trojan Horses, or other harmful components or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
• Cancellation. Sponsor reserves the right to cancel, postpone, extend the deadline, or end the Contest at any time, at in its sole discretion. Without limiting the foregoing, Sponsor reserves the right to modify, suspend, or terminate this Contest in the event that it becomes infected by a computer virus or is otherwise technically impaired or if the Contest cannot be conducted as planned by causes beyond the control of Sponsor.
• Governing Law/Dispute Resolution. All claims arising out of this Contest and all issues and questions concerning the construction, validity, interpretation, and enforceability of the Rules, or the rights of Participants, shall be governed by and construed in accordance with the laws of the State of Washington and the United States of America, without regard to conflicts of law principles. All disputes, controversies, or claims arising out of or related to the Contest shall be submitted for arbitration to be administered by the American Arbitration Association (“AAA”) on demand of either party. Such proceeding shall be conducted in the English language in Seattle, Washington. United States of America before a single arbitrator and shall be conducted in accordance with the then current Commercial Arbitration Rules of the AAA. Arbitration shall be the exclusive final remedy for any dispute between the parties. Any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any Prizes awarded, shall be resolved individually without resort to any form of class action. No claim for arbitration under this provision may be made more than one (1) year after the date the Prize Winner of the Contest is announced.
• LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
• The Contest is subject to all applicable U.S. federal, state, and local laws.
• The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
14. SPONSOR. Avalara, Inc., 100 Ravine Lane NE Suite 220 Bainbridge Island, Washington 98110.