PRODUCT PHOTOSHOOT GIVEAWAY CONTEST 2018

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. CONTEST VOID WHERE PROHIBITED.

  1. Sponsor: Avalara, Inc., 255 S. King. St., Suite 1800, Seattle, Washington 98104 ("Avalara").

  2. Acceptance of Official Rules. By entering the Product Photoshoot Giveaway (the "Contest"), each entrant ("Entrant") hereby agrees to these official rules (the "Official Rules") of this Contest. Entrant shall comply with Avalara's decisions in connection with this Contest, which are final.

  3. All entries must be completed and received by Avalara in the manner designated below. To be eligible to win a prize, Entrant must be a business with an active Amazon seller account from which sales have been made since June 1, 2018. Employees of Avalara are not eligible to win the prize. Contractors of Avalara and its parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies are not eligible to win.  Entrant must be registered and based in the United States of America. All applicable federal, state and local laws and regulations apply. Only one entry per business will be accepted. Entrant may be disqualified at Avalara's sole discretion if it enters multiple entries.  An Entrant is only eligible to win one prize.  Entrant is solely responsible for notifying Avalara of any changes in Entrant's contact information, and Entrant must notify Avalara of any such changes in order to maintain Entrant's eligibility for the Contest.

  4. Contest Period. The Contest starts at 12:01 a.m. on October 1, 2018 and ends at 11:59 p.m. on March 31, 2019 (the "Contest Period").  All times are Pacific Time. Entries received outside of the Contest Period will be ineligible to win a prize.

  5. How to Enter. To enter the Contest, an Entrant must complete and submit the Product Photoshoot Giveaway entry form (the "Entry") online located at http://www.avalara.com/photocontest. The Entry must include Entrant's company name, the Entrant's Amazon seller account URL, the name and email address and phone number of a contact at the Entrant, and a response to "Why your business should win the Product Photoshoot Giveaway". Entrant must complete the Entry with all requested information in order to be eligible. Entries must not contain obscene, lewd, infringing, derogatory, illegal, or inappropriate content, or otherwise violate these Official Rules, as determined in Avalara's sole discretion.

  6. Selection of Contest Winners; Prizes.

    1. Judging. Two winners will be selected no later than April 9, 2019 by a panel of judges chosen by Avalara. Judges will select the winner based on the judges' subjective determination as to which Entry is the most apt, original, and interesting submission. Odds of winning depend on the number and quality of eligible entries received.
    2. Prizes. Each winner will receive: a $5,000 credit towards working with Samson Images to create new product photos for the winner's Amazon seller website, (ii) a one-year subscription to Avalara's Trustfile Online service (approximate retail value $288), and (iii) the opportunity to team with the Avalara marketing team to create a testimonial or case study. The total estimated retail value of the prize offered through this Contest is $5,288.
    3. Claiming Prizes. As a condition of being awarded the prize, each winner must execute and deliver to Avalara a signed affidavit of eligibility, 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 $5,000 credit towards working with Samson Images is subject to winner's acceptance of the Statement of Work with Avalara and Samson Images. 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/.  If a winner does not claim the prize within 3 days after being notified by Avalara, the prize will be forfeited and awarded to an alternate winner and the original winner will have no right to an alternate prize. Prizes are not transferable. 
    4. No Substitutions. 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.
       
  7. None of Avalara, Inc., Samson Images, or any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees, contractors, agents, professional advisors, agencies or assigns (collectively, the "Sponsor Parties") will be responsible for: 
  8. (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 their control or by non-authorized human intervention; or
    (d) any printing or typographical errors in any materials associated with the Contest.

  9. All federal, state and local taxes associated with the receipt or use of the prize are the sole responsibility of each winner. Each winner 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 7 business days after the request is made, the winner will be disqualified, an alternate winner will be selected in accordance with these Official Rules, and the original winner will have no right to an alternate prize.

  10. Ownership of Entries. Entrant hereby warrants and represents that 
  11. (a) the Entrant owns 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 the Entrant's 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.

  12. License to Submissions. Except where prohibited by law, entry into the Contest constitutes permission for Avalara to use the winning Entrant's name, logo, case study and/or testimonial, and Entry Materials, including without limitation for promotional purposes, without further permission or compensation.  Without limiting the generality of the foregoing, Entrant agrees that Avalara may post Entrant's Entry Materials and case study and/or testimonial on its website and use them in its marketing materials. By entering the Contest and submitting Entry Materials, Entrant hereby grants 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 the Entry Materials and case study and/or testimonial, 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 and case study and/or testimonial, 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 or case study and/or testimonial.  Entrant will not be entitled to compensation for any use by Avalara, or its agents, licensees or assignees, of the Entry Materials or case study and/or testimonial.

  13. General Release. By entering the Contest, Entrant releases Avalara and all Sponsor 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.

  14. Limitation of Liability. Neither Avalara nor any of the other Sponsor Parties shall 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 the 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 Entrant.

  15. Winners List; Rules Request.  For a copy of the winners list, send a stamped, self-addressed, business-size envelope after January 1, 2019 and before January 1, 2020, to Avalara at the address listed above, Attn: Whitney Williams-Product Photoshoot Giveaway Winners List. To obtain a copy of these Official Rules, send a stamped, self-addressed business-size envelope to Avalara at the address above, Attn: Whitney Williams-Product Photoshoot Giveaway Rules Request.  Residents of Vermont may omit return postage on the return envelope. 

  16. Copyright Notice. AVALARA and TRUSTFILE are trademarks of Avalara.   The Contest and all accompanying materials are copyright © 2018 by Avalara. All rights reserved.

  17. 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. 

  18. 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 whitney.williams@avalara.com or send written questions to the address listed above, Attn: Whitney Williams-Product Photoshoot Giveaway.