FreshBooks’ #FreshAdventures Contest Rules of Entry and Terms & Conditions
ODDS OF WINNING WILL DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID IN QUEBEC AND WHERE PROHIBITED BY LAW.
The FreshBooks Collaborative Accounting Launch Contest (the “Promotion”) is governed by these Official Rules, Terms and Conditions (collectively, the “Official Rules”). The words “you,” “your,” and “entrant” as used herein refer to the natural person entering the Promotion or the natural person entering the Promotion on behalf of their company or organization (if applicable). The Promotion is subject to all federal, provincial, territorial, state, district, and local laws and regulations.
The Promotion is open only to 1) legal residents of the United States of America and the District of Columbia (excluding all U.S. territories and possessions and all overseas military installations), who are over the legal age of majority in their state of residence at the time of entry, and 2) legal residents of Canada, (excluding Quebec), who are over the legal age of majority in their province or territory of residence at the time of entry.
The Promotion is open to 1) individuals who have registered for the FreshBooks’ Collaborative Accounting Launch Virtual Event on October 3, 2023 (the “Event”) through the authorized registration link, and 2) individuals who attend the Event. See additional requirements in ‘How to Enter’ below.
You are not eligible to enter the Promotion if you are: (a) an employee, officer, director, agent, representative or a mandatary of the Sponsor (as defined below), any of its corporate affiliates, subsidiaries, advertising or promotion agencies; (b) a member of the immediate family (defined as parents, children, siblings, spouse, and life partners, wherever they live) of an employee, officer, director, agent, representative or mandatary of the Sponsor; or (c) anyone who is domiciled in the household, whether related or not, of any employee, officer, director, agent, representative or mandatary of the Sponsor.
The Promotion is sponsored by 2NDSITE, Inc. operating as FreshBooks, Suite 250, 1655 Dupont St., Toronto, Ontario M6P 3T1, Canada (the “Sponsor”).
3. Agreement to Official Rules
By registering for or attending the Event, you fully and unconditionally agree to these Official Rules and the decisions of Sponsor (which are final and binding) on both your own behalf and that of your company or organization (if applicable), and you represent and warrant that you have the authority to agree to these Official Rules on behalf of your company or organization (if applicable). Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.
4. Entry Period
The Promotion’s entry period starts on September 12, 2023 at 12:00 AM Eastern Time (“ET”) and concludes on October 3rd, 2023 at 3:00 PM ET (the “Entry Period”). Entries submitted before or after the Entry Period will be disqualified.
5. How to Enter
Entrants can receive entry using one (1) of the following methods (each, an “Authorized Entry”):
- Event Attendance: Each individual who attends the Event will automatically receive one (1) entry into the Drawing (defined below).
- Early Registration Bonus: Entrants who have completed the registration process by Midnight ET on September 25, 2023, will automatically receive one (1) entry into the Drawing.
Within one (1) day after the Event, the Sponsor, or an employee, agent or other representative of the Sponsor, will draw one winner from among the Authorized Entries (the “Selected Entrant”). The Selected Entrant will be deemed the winner if he or she meets all of the eligibility criteria set out in these Official Rules. The Selected Entrant will be notified by email within two (2) business days of the Drawing (the “Selection Email”). If the Selected Entrant does not respond via email within five (5) business days of the first attempt, Sponsor will select an alternate potential winner.
7. Requirements of Potential Winner
Except where prohibited, the Selected Entrant must complete and return an affidavit/release of eligibility and liability/publicity release (the “Affidavit/Release”) within seven (7) business days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, if notification or prize is returned as undeliverable, or if Sponsor determines in its sole discretion that the Selected Entrant is ineligible, an alternate entrant will be selected. Unless prohibited by law, acceptance of a prize constitutes permission for Sponsor to use the winner’s name, business or organization name, picture, likeness, and address (city and province or state) for advertising and publicity purposes, worldwide, without further notice or compensation.
One (1) winner will receive a travel prize package valued at $5000 USD, which includes up to:
- $3000 USD towards your travel expenses for an exciting getaway, and
- $2000 USD towards premium luggage to accompany you on your travels (the “Total Retail Value”).
The prize is non-transferable and cannot be exchanged for cash or an alternative prize. The winner must submit proof of purchase of the items above to Sponsor within ninety (90) days after the Selection Email was sent in order to claim the prize and receive reimbursement. After this ninety day period, Sponsor has no obligation to pay the prize.
9. Release and Limitation of Liability
By participating in the Promotion, you agree to release, indemnify, and hold harmless Sponsor, Sponsor’s related companies, and each such company’s respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any liability, illness, injury, death, loss, litigation, suit, claim, cause of action, or damage (“Claims”) arising out of or related to, directly or indirectly, in whole or in part, your participation in the Promotion or receipt, use, or misuse of any prize, including, but not limited to: (a) Claims arising from any breach or alleged breach by you of these Official Rules; (b) Claims arising from unauthorized human intervention in the Promotion; (c) Claims arising from technical or printing errors; (d) Claims arising from lost, late, postage-due, misdirected, or undeliverable mail or email; (e) Claims arising from errors in the administration of the Promotion or the processing of entries; (f) Claims arising from injury, death, or damage to persons or property; or (g) Claims based on defamation or on the rights of publicity or privacy. You further agree that in any cause of action, the Released Parties’ liability will be limited to the actual out-of-pocket costs associated with participating in the Promotion, and in no event shall the Released Parties be liable for attorneys’ fees, legal fees, or expenses of any kind. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHTS OR CLAIMS TO ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
To the extent permitted by applicable law, by entering the Promotion, you agree that any and all disputes, claims, and causes of action arising out of the Promotion or any prize awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the appropriate court located in the province of Ontario. All issues and questions concerning these Official Rules, your rights and obligations, or Sponsor’s rights and obligations shall be governed by the laws of Ontario without giving effect to any choice of law or conflict of law rules.
11. General Conditions
The Sponsor may, in its sole discretion, suspend, modify, and/or cancel the Promotion and, if feasible, select potential winners from among eligible, salvageable, and non-suspect entries received on or before the termination date for any reason whatsoever, including in the event that the operation, security, or administration of the Promotion is impaired in any way for any reason. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Promotion or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to undermine the operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. In the event of a dispute as to any entry, the authorized account holder of the email address used for the entry will be deemed to be the entrant. In the event that an entry is confirmed to have been erroneously deleted, lost, or destroyed, entrant’s sole remedy shall be another entry into the Promotion. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
12. Intellectual Property
All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by the Sponsor. All rights reserved. Unauthorized copying or use of any of the Sponsor’s intellectual property without the express written consent of the Sponsor is strictly prohibited.