Canada Online Store Promotion. Official Rules.
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN THE SWEEPSTAKES. VOID WHERE PROHIBITED. PROMOTION IS OPEN TO RESIDENTS OF CANADA (THE “ELIGIBLE COUNTRY”). THE PROMOTION WILL BE VOID TO RESIDENTS OF ANY OTHER COUNTRY OR TERRITORY AND WHERE PROHIBITED BY LAW.
PARTICIPATION IN THIS PROMOTION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The Canada Online Store Promotion (the “Promotion”) will consist of a sweepstakes raffle (the “Sweepstakes”). Social media postings submitted in connection with the Promotion will be evaluated by Sponsor who will choose the winning submissions in accordance with these Official Rules (“Rules”). See below for the complete details.
BINDING AGREEMENT: In order to participate in the Promotion, you must agree to these Rules. Therefore, please read these Rules prior to participating to ensure you understand and agree. You agree that participating in the Promotion constitutes your agreement to these Rules. You may not participate in the Promotion and are not eligible to receive any prize described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Sponsor with respect to the Promotion.
PROMOTION ELIGIBILITY: To be eligible to participate in the Promotion, you must: (1) be above the age of majority in the country, state, province or jurisdiction of residence at the time of participation (at least eighteen years old); (2) be a legal resident of the Eligible Country; and (3) not be a person or entity under U.S. export controls or sanctions. Promotion is void in all countries and territories that are not the Eligible Country and where prohibited by law. Employees, interns, contractors, and official office-holders of Sponsor, its subsidiaries, affiliates, parent entities, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Promotion Entities”), and members of the Promotion Entities and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Promotion. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.
If you are participating as part of a company or on behalf of your employer, these rules are binding on you, individually, and/or your employer. If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto, including to the terms of these Rules and your potential receipt of a prize. You further warrant that your actions do not violate your employer’s or company’s policies and procedures.
SPONSOR: The Promotion is sponsored by Ubiquiti Networks Canada, Inc. (“Sponsor” or “Ubiquiti”). To the extent allowed by law, by entering this Promotion, you agree to release and hold harmless the Promotion Entities, Twitter, Instagram and Facebook from any and all liability or any injury, loss or damage of any kind arising in connection with this Promotion or any prize won. This Promotion is in no way sponsored, endorsed or administered by, or associated with Twitter, Instagram or Facebook.
HOW TO PARTICIPATE IN THE SWEEPSTAKES: The Sweepstakes begins at 12:00:00 A.M. Pacific Daylight Time Zone in Canada on Wednesday, July 24, 2019 and ends at 11:59:59 P.M. PDT on Wednesday, July 31, 2019 (the “Promotion Period”).
You may participate in the Sweepstakes by complying with the following requirements:
- Complete a submission (the “Submission”) by
- Commenting on the Promotion announcement posting located on the Sponsor’s official Facebook page (the “Sponsor Facebook Site”), with a response to the question “Where will you deploy your UniFi gear?” or by
- Re-tweeting the Promotion announcement posting located on the Sponsor’s official Twitter page (the “Sponsor Twitter Site”) and following the Sponsor Twitter Site or by
- Commenting on the Promotion announcement posting located on the Sponsor’s official Instagram page (the “Sponsor Instagram Site”), with a response to the question “Where will you deploy your UniFi Gear?” and tag 3 friends. Facebook, Twitter and Instagram are referred to herein individually as a “Promotion Site” collectively as the “Promotion Sites.”
- The content of the Submission must meet the “Additional Submission Requirements” described below.
ADDITIONAL SUBMISSION REQUIREMENTS. Each Submission must meet the following criteria:
a) It must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortious, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Promotion.
b) It must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, provincial or local laws and regulations and the laws or regulations in any state where Submission is created.
c) Excluding the Ubiquiti products, logos and marks, it must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Promotion, as determined by Sponsor, in its sole discretion.
d) It must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity (excluding the Ubiquiti products, logos and marks).
e) It cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights.
If you do not fully comply with the requirements above, you will not be eligible to win a prize. The Sweepstakes is not combinable with any other offer and cannot be redeemed for cash. This Sweepstakes is not transferrable and is void where prohibited by law.
Limit of one (1) Submission per person per Promotion Site throughout the Promotion Period. Submissions received from any person in excess of the above stated limitation will be void. Submissions are void if they are in whole or part incomplete, altered, counterfeit, obtained through fraud, or late. All Submissions will be deemed made by the authorized account holder of the email address registered with Facebook, Twitter or Instagram at the time of participation (depending on the Promotion Site on which the Submission was made), and the potential winners may be required to show proof of being the authorized account holder for that email address. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email address for the domain.
During the Promotion Period, the Sponsor and/or its agents will be evaluating each Submission to ensure that it does not violate the Additional Submission Requirements. While the Sponsor and/or its agents will make every effort to review the submitted Submissions to ensure that they meet the Additional Submission Requirements, they may not be able to timely view every Submission during the Promotion Period. Thus, if a participant views a Submission that it believes violates the Additional Submission Requirements, it can contact the Sponsor at email@example.com. The email must identify the Submission at issue and explain the potential issue. The Sponsor reserves the right, in its sole discretion, to disqualify any participant who submits a Submission that does not meet the Additional Submission Requirements as determined by Sponsor.
Limit of one (1) Sweepstakes game play per person per Promotion Site throughout the Promotion Period. You may only use one (1) email address account to participate in the Sweepstakes. Requests received from any person or email address in excess of the above stated limitation will be void.
HOW THE SWEEPSTAKES WORKS & ODDS OF WINNING: The Sponsor will sort each Submission into one of three groups (“Groups”) based on the Promotion Site on which the Submission was submitted. On Friday, August 2, 2019, one (1) winner will be randomly drawn by Sponsor from each of the three Groups. The first randomly drawn winner from each Group will receive the Sweepstakes Grand Prize. The winners will be notified by emails or other method at Sponsor’s discretion. Except where prohibited by law, each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential winners must return all such required documents within fourteen (14) days following attempted notification or such potential winner will be deemed to have forfeited the applicable prize. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Odds of winning a Sweepstakes prize depend on the number of Submissions received by the Sponsor in each Group via the submission method. Prize award is subject to verification of eligibility and compliance with the terms of these Rules. Determinations of Sponsor are final and binding.
SWEEPSTAKES GRAND PRIZE (3): Three (3) Sweepstakes Grand Prize winners, one per Group, will each receive the following items: UniFi Security Gateway (USG), UniFi Cloud Key Gen2 Plus (UCK-G2-Plus), UniFi Switch 8-Port 150W (US-8-150W), UniFi nanoHD (UAP-nanoHD), and UniFi Video Camera G3 FLEX (UVC-G3-Flex). The Approximate Retail Value (ARV) of Sweepstakes Grand Prize: $795.00 USD.
PRIZE CONDITIONS: The prizes will be awarded within approximately three (3) to six (6) weeks from date of winner verification. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. Promotion Entities have not made and Promotion Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto.
TAXES: RECEIPT OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners may be required to submit the tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winners are responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternative potential winner.
GENERAL CONDITIONS: All federal, state, provincial and local laws and regulations apply. Sponsor reserves the right to disqualify any participant from the Promotion if, in Sponsor’s sole discretion, it reasonably believes that the participant has attempted to undermine the legitimate operation of the Promotion by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other participants, viewers, or Sponsor.
INTELLECTUAL PROPERTY RIGHTS: As between Sponsor and the participant, the participant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the Submission. As a condition of entry, participant grants Sponsor, its subsidiaries, parent companies, agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display a Submission (including all videos and photos) (1) for the purposes of allowing Sponsor to evaluate the Submission for purposes of the Promotion, and (2) in connection with advertising and promotion via communication to the public or other groups, including, but not limited to, the right to make screenshots, animations and photo clips available for advertising and promotional purposes.
PUBLICITY. By accepting a prize, Participant agrees to Sponsor and its agencies use of his or her name and/or likeness and Submission (if applicable) for advertising and promotional purposes without additional compensation, unless prohibited by law.
WARRANTY AND INDEMNITY: Participants warrant that their Submissions (if applicable) are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Submission and that they have the right to submit the Submission in the Promotion and grant all required licenses. Each participant agrees not to submit any Submission that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) otherwise violates the applicable state, federal, provincial or local law.
To the maximum extent permitted by law, each participant indemnifies and agrees to keep indemnified Promotion Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each participant agrees to defend, indemnify and hold harmless the Promotion Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) any Submission or other material uploaded or otherwise provided by the participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the participant in connection with the Promotion; (c) any non-compliance by the participant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the participant’s involvement with the Promotion; (e) acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion; (f) any malfunction or other problem with the Promotion Site(s); (g) any error in the collection, processing, or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.
ELIMINATION: Any false information provided within the context of the Promotion by any participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the participant from the Promotion.
INTERNET: Promotion Entities are not responsible for any malfunction or for any late, lost, damaged, misdirected, incomplete, undeliverable, or destroyed Submission due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Promotion Site(s), or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit a participant’s ability to participate.
RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and if terminated, Sponsor will determine the potential winners for the Promotion from among all eligible Submissions received prior to action taken in accordance with the rules herein. Sponsor further reserves the right to disqualify any participant who tampers with the submission process or any other part of the Promotion or Promotion Site(s). Any attempt by a participant to deliberately damage any web site, including the Promotion Site(s), or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek any and all remedies available from any such participant to the fullest extent of the applicable law.
NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of a Submission into the Promotion, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Sponsor, or the Promotion Entities. You acknowledge that you have submitted your Submission voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Sponsor or the Promotion Entities and that no such relationship is established by your submission of a Submission under these Rules.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of New York, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Promotion are hereby excluded, and all Participants expressly waive any and all such rights.
ARBITRATION: By entering the Promotion, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Promotion will be decided by binding arbitration. All disputes between you and Sponsor of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the New York, New York, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
WINNERS’ LIST: You may request a list of Promotion winners for the Sweepstakes after August 16, 2019 but before August 31, 2019 by sending an email with the subject line “Canada Online Store Promotion Winners” to firstname.lastname@example.org.