FreshBooks’ “#AnythingButTaxes” Sweepstakes Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID IN QUEBEC, FLORIDA, NEW YORK, AND WHERE PROHIBITED BY LAW. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK OR INSTAGRAM.
The FreshBooks Anything But Taxes Sweepstakes (the “Promotion”) is governed by these 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 applicable federal, provincial, territorial, state, district, and local laws and regulations and is void in the province of Quebec, the states of Florida and New York, and where prohibited.
1. Eligibility
The Promotion is open only to legal residents of the fifty (50) United States of America and the District of Columbia (excluding Florida, New York, all U.S. territories and possessions and all overseas military installations) and of Canada (excluding Quebec), who have reached the age of legal majority in their state, district, province or territory of residence at the time of entry.
The Promotion is open only to 1) social media users who have an active account and follow FreshBooks on Instagram and/or Facebook, and 2) members of ‘The Owners Club’, an online community administered and managed by the Sponsor.
You are not eligible to enter the Promotion if you are: (a) an employee, officer, director, agent, or representative of the Sponsor (as defined below) or of any of its corporate affiliates, subsidiaries or 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 or representative of the Sponsor; or (c) anyone who is domiciled in the household, whether related or not, of any employee, officer, director, agent or representative of the Sponsor.
2. 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 posting content and using #AnythingButTaxes on your social media account(s), or in The Owners Club community, 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 begins on March 7, 2023 at 9:00 AM Eastern Time (“ET”) and ends on March 31, 2023 at 11:59 PM ET (the “Entry Period”). Entries received prior to or after the Entry Period will be disqualified.
5. How to Enter
Entrants can enter using one (1) of the following methods during the Entry Period:
On social media: To receive one (1) entry, you must 1). Like the Promotion announcement post from FreshBooks on Instagram and/or Facebook, 2). Follow @FreshBooks on Instagram and/or Facebook, 3). Comment with an original “I would rather [insert activity] than do my taxes” statement on the contest post from FreshBooks, and 4). Share your comment on your Instagram and/or Facebook account’s stories feature, tag @freshbooks and use #AnythingButTaxes and “#Sweepstakes” in your comment. Entrants on social media can receive one (1) additional entry by tagging or adding the name of one (1) accounting professional who the entrant works with during tax season in their entry comment and/or on their Instagram and/or Facebook story entry. The named accounting professional will win one (1) spa prize pack if an entrant they work for is verified as a Promotion winner.
On The Owners Club community: To receive one (1) entry, you must 1). Be a registered member of The Owners Club, which is managed by the Sponsor, and 2). Answer the question in the challenge presented by The Sponsor in the Owner’s Club community (answers will be visible to other community members), and 3). Comment with an original “I would rather [insert activity] than do my taxes” statement and “#Sweepstakes” on the #AnythingButTaxes discussion board. Entrants on The Owners Club can receive one (1) additional entry by tagging or adding the name of one (1) accounting professional who the entrant works with during tax season in their entry statement. The named accounting professional will win one (1) spa prize pack if an entrant they work for is verified as a Promotion winner.
Limit: a total of two (2) entries per person, regardless of the method of entry used. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void.
Entries must be your own original work and must not: (a) contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortious or objectionable; (b) depict, encourage, promote or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory or otherwise inappropriate; (c) contain any content that is protected by copyright, trademark, trade secret, right of publicity or other proprietary right, without the express prior written consent of the owner of such right; (d) contain any confidential information, or any material, non-public information about any company; or (e) contain any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any website, hardware, software or network. Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any entry for any reason.
6. Drawing
Within approximately one (1) week after the Entry Period end date, the Sponsor, or an employee, agent or other representative of the Sponsor, will draw two (2) potential winners from among all eligible entries received pursuant to each of the two (2) methods of entry, each of whom, if verified as eligible, will each receive one (1) possible prize, as set forth in Section 8, below. If the selected winners tagged or named an accounting professional in their entries, each of these named individuals will also receive one (1) possible prize.
The potential winners will be deemed the winners if they meet all of the eligibility criteria set out in these Official Rules. The potential winner who entered via Instagram and/or Facebook will be notified by a direct message on one or both of those platforms within approximately two (2) business days of the drawing. The potential winner who entered via the Owners Club will be contacted on that platform by the Sponsor. If a potential winner cannot be contacted within five (5) business days of the first attempt to contact him/her, Sponsor will select an alternate potential winner in his/her place.
7. Requirements of Potential Winner
Except where prohibited, each potential winner 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 a potential winner is ineligible, an alternate entrant will be selected in his/her place from among remaining eligible entries to the method of entry used by the disqualified potential winner. 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.
8. Prize
Two (2) winners will each receive: (i) a ‘spa prize pack’ containing one (1) gift card at a value of $500 USD at a spa in the winner’s city and province or state, selected in Sponsor’s sole discretion, one (1) branded FreshBooks robe, one (1) pair of slippers, and one (1) sleeping mask, and (ii) payment from FreshBooks toward some or all of the actual cost of having the winner’s taxes handled by a registered accounting professional (as chosen by the winner) for the 2023 tax season (filing 2022 taxes), up to a maximum of $2000 USD, paid directly to the tax professional via EFT after the Sponsor receives an invoice with cost and proof of work for the Winner from the tax professional. Total approximate retail value of each prize: $2700 USD. If a winner does not work with a tax professional, the winner will not receive that portion of the prize.
Up to two (2) additional winners, who were named/tagged as accounting professionals in the winning entrants’ Instagram and/or Facebook comment or story, and/ or comment/participation in The Owner’s Club community contest will each win: one (1) gift card at a value of $500 USD at a spa in the winner’s city and province or state, selected in Sponsor’s sole discretion; a spa ‘kit’ with one (1) branded FreshBooks robe, one (1) pair of slippers, and one (1) sleeping mask; Approximate retail value $700 USD each.
All prizes are non-transferable and non-assignable. Prizes must be accepted as awarded and have no cash value. No cash or other substitution permitted, except that Sponsor reserves the right to substitute a prize or prize component of comparable or greater value at Sponsor’s sole discretion.
9. Sponsor’s Rights to Entries
By entering the Promotion, you grant to Sponsor a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable (through multiple tiers) and transferable license, without additional consideration to you or third parties, to: (a) reproduce, distribute, perform and display (publicly or otherwise), adapt, modify, edit, translate, make available to the public, make, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of the Sponsor, through multiple tiers) your entry in any format or media now known or hereafter developed; (b) create derivative works from and incorporate your entry into other works or into Sponsor’s or its designees’ products or services; (c) use your entry for Sponsor’s advertising and promotional purposes; and (d) use your name, photograph, portrait, picture, voice, likeness, statements, and biographical information for Sponsor’s advertising and promotional purposes, whether or not in connection with your entry, in each case for the purpose of administering and promoting the Promotion, any future Sponsor promotions, and/or Sponsor, except to the extent prohibited by applicable law. Sponsor reserves the right (but does not have the obligation) to verify at any time that all necessary rights, clearances, consents, releases and other permissions in or relating to your entry have been validly obtained, and you agree to fully cooperate with Sponsor in any such verification inquiries.
10. Release and Limitation of Liability
By participating in the Promotion, you agree to release, indemnify, and hold harmless Sponsor, Sponsor’s related companies, Facebook, Instagram, and each such company’s respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, your participation in the Promotion, creation of your entry, or receipt, use or misuse of any prize, including, but not limited to: (a) claims that your entry violates any intellectual property, publicity, or other rights; (b) claims arising from any use or other exploitation of, or failure to use or exploit, your entry; (c) claims arising from any breach or alleged breach by you of these Official Rules; (d) claims arising from unauthorized human intervention in the Promotion; (e) claims arising from technical or printing errors; (f) claims arising from lost, late, postage-due, misdirected, or undeliverable mail or email; (g) claims arising from errors in the administration of the Promotion or the processing of entries; (h) claims arising from injury, death, or damage to persons or property; or (i) claims based on defamation, infringement of intellectual property rights, 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 THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
11. Disputes
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 resort to any form of class action, and exclusively by the appropriate court located in the province of Ontario, Canada. 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, Canada,without giving effect to any choice of law or conflict of law rules.
12. General Conditions
In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, 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. 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 Facebook, Instagram, or The Owner’s Club membership 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, the 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.
13. 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.
14. Results
For the results, go to www.Facebook.com/FreshBooks or www.Instagram.com/FreshBooks after April 10, 2023.