Please read these Official Rules (the “Rules”) before entering the 5 For The Fight 2019 Giveaway (the “Giveaway”). By submitting an entry, an entrant (“you” or “your”) acknowledges that you are eligible to enter the Giveaway and have read and agree to be bound by these Rules. The sponsor of the Giveaway is 5 For The Fight Foundation (“5FTF,” “we,” “our,” or “us”).
1. Eligibility. To enter the Giveaway, you must be at least 18 years old and considered the age of legal majority in the jurisdiction in which you reside. The Giveaway and these Rules are void in Quebec and where prohibited by law, and are subject to applicable laws. Entrants may not be a national or legal permanent resident of any of the following countries: Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine. You are not eligible to enter the Giveaway if you are (a) an employee or independent contractor of 5FTF, Qualtrics, or one of their affiliates or (b) a family member (spouse, domestic partner, parent, grandparent, sibling, child, or grandchild) of, or individual living in the same household as, an employee or independent contractor of 5FTF, Qualtrics, or one of its affiliates. There is no purchase necessary to enter.
2. How to Enter. To receive your first entry (an “Entry”), you must provide your valid mobile phone number or email address in the Qualtrics X4 Summit registration. Additional Entries may be obtained by: (a) donating $5 to 5FTF via text message (text “WIN” to 50555); (b) donating to 5FTF via Paypal paypal.com/fight, or (c) texting X4 to 50555 for a free entry. Following your registration, you may be contacted with additional opportunities to submit Entries via email, text message, or phone, which you may receive by following the directions provided therein. Each person is limited to a maximum of six (6) total Entries. Entries must be received by 12:00am (Midnight) Mountain Time on March 7, 2019. Entries that do not comply with these Rules will not be considered.
3. Grant of Rights. By submitting an Entry, you grant 5FTF and its affiliates and agents permission to publish and use, without charge, your name and the name of your organization or university for any purpose in connection with this Giveaway and for marketing and promotional purposes not connected to this Giveaway. By way of example and without limiting the preceding sentence, we may show your name and the name of your organization or university to prospective customers, event attendees, and other members of the public by publishing it on the Qualtrics website, X4 Summit website, or our website. By participating in the Giveaway, you consent to the worldwide use of your name, the name of your organization or university, and your biographical information, photographs, videos or likenesses in any manner and in any medium now in existence or later invented for any purpose in connection with the Giveaway without additional compensation, notification or permission, except where prohibited by law. If you revoke or attempt to revoke any of the provisions of this Section, then 5FTF in its discretion may at any time thereafter disqualify you, deem your Entry void, and revoke any Prizes (as defined below) awarded to you. If you have any questions or concerns about the rights granted in this paragraph, or you want more information about how 5FTF may use your Entry, please email us at firstname.lastname@example.org.
4. Collection and Use of Personal Information. We are collecting personal information primarily to process Entries, to contact you if necessary, and for marketing purposes. We will use your personal information for marketing by 5FTF. By participating in this Giveaway, non-U.S. resident entrants are authorizing the transfer of personal data to the United States for these purposes. If you do not wish to be contacted for marketing purposes, you will be provided with a method to opt-out from future communications. By entering the Giveaway, you agree that we may share your information, in our sole discretion, with third parties that have a need to know the information (such as those we retain to assist in administering the Giveaway). The data controller is Qualtrics, LLC. Do not submit an Entry if you do not agree to these terms or to the Qualtrics Privacy Statement available at http://www.qualtrics.com/privacy-statement/.
5. Selection Process; Prizes. No later than Friday, March 8, 2019, 5FTF will randomly select winners from the valid Entries. The prizes will include a variety of experiences provided by 5FTF, Qualtrics, and/or Qualtrics customers and sponsors, and will consist of 15-20 prizes valued at $1,000 each or more (collectively, the “Prizes”). You may not win more than one Prize. You may not substitute or transfer a Prize. We reserve the right to provide additional Prizes under this Giveaway or to substitute a Prize with anything of comparable or greater value.
6. Winner Notification and Requirements. If you are selected as a Prize winner, we will notify you in person, by phone, or e-mail starting on or about March 7, 2019. We may also announce Prize winners (before or after notifying them individually) publicly on the Qualtrics website, the X4 Summit website, and/or our website, at an event, or through social media. All Prize winners will be required to provide documentation (that must be satisfactory to us in our sole discretion) to prove their eligibility to participate in the Giveaway by March 31, 2019. If you do not provide such documentation, you will forfeit your Prize and be disqualified from the Giveaway. If any documentation is not returned by the specified dates, we may select an alternative Prize winner in our discretion. Prior to awarding a prize, we may require you to sign additional documents we believe are necessary or helpful to confirm your eligibility, to obtain a liability and publicity release, or to award any Prize.
7. Taxes. ALL TAXES ASSOCIATED WITH ANY PRIZE ACCEPTANCE AND USE ARE YOUR SOLE RESPONSIBILITY. IF TAXES ARE APPLICABLE TO A PRIZE YOU RECEIVE, IT IS YOUR RESPONSIBILITY TO PAY THEM TO THE APPROPRIATE AUTHORITIES. WE RESERVE THE RIGHT TO REPORT PRIZES AND PRIZE RECIPIENTS TO THE INTERNAL REVENUE SERVICE OR ANY OTHER AUTHORITY WE DEEM APPROPRIATE. THE AWARDING OF ANY PRIZE TO YOU IS SUBJECT TO THE EXPRESS REQUIREMENT THAT YOU SUBMIT TO US ALL DOCUMENTATION REQUESTED BY US TO PERMIT COMPLIANCE WITH ALL APPLICABLE LOCAL, STATE, FEDERAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. Each Prize winner will be required to provide any additional tax filing information (such as a US form W-8BEN, social security number or Federal tax ID number) as requested by us. You are responsible for ensuring that the tax documentation submitted to us complies with all applicable tax laws and requirements. If you fail to provide the documentation or submit incomplete documentation, the Prize may be forfeited and we may, in our sole discretion, select an alternate.
8. Disqualifications. We reserve the right, in our sole discretion, to disqualify you and void all associated Entries if you are found to be tampering with the entry process, the outcome of the Giveaway, or the operation of the Giveaway, the Giveaway surveys and communications, or the 5FTF, X4 Summit, or Qualtrics websites; to be acting in violation of these Rules; or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person. ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND IF SUCH AN ATTEMPT IS MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER RELIEF (INCLUDING ATTORNEYS' FEES) FROM THE PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. ADDITIONAL TERMS. The Giveaway and all accompanying materials are © 2019 by 5 For The Fight Foundation, Qualtrics, LLC, or their affiliates. All rights reserved. You agree that our decisions related to the Giveaway are final and binding in all matters. We reserve the right, to the maximum extent permitted by law, in our sole discretion, to change these rules or cancel the Giveaway at any time. We may also modify, terminate or suspend the Giveaway if any viruses, worms, bugs, unauthorized human intervention, or other causes beyond our reasonable control corrupt or impair the administration, security, or fairness of the Giveaway or submission of Entries. You agree that 5FTF, Qualtrics, and their respective affiliates, officers, directors, employees, contractors, agents, and assigns (collectively, the “Released Parties”) are not responsible for: (a) any human or other error that may occur in the processing of the Entries; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction, or unauthorized access to or alteration of Entries; (c) technical, network, telephone, computer, hardware or software malfunctions of any kind that may occur in connection with this Giveaway, including, without limitation, any errors or problems related to the administration of the Giveaway, the processing or judging of Entries, the tabulation of votes, the announcement of the Prizes, or the Giveaway-related materials, (d) inaccurate transmission of, or failure to receive, any entry information on account of technical problems or traffic congestion on the Internet or at any website; or (e) injury or damage to you or a computer resulting from accessing or downloading any materials in connection with the Giveaway.
10. LIMITATIONS OF LIABILITY. YOU AGREE THAT THE RELEASED PARTIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED USE OF ANY ENTRY (OR PORTION THEREOF) OR FOR ANY LIABILITY, LOSS, INJURY, OR DAMAGE TO PROPERTY OR TO PERSON RELATING IN ANY WAY TO THE GIVEAWAY OR ANY ENTRY. YOU ALSO AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY ATTORNEYS’ FEES OR COURT COSTS DIRECTLY OR INDIRECTLY RELATED TO YOUR PARTICIPATION IN THE GIVEAWAY, OR BY REASON OF YOUR ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. FURTHER, IN ANY DISPUTE, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS' FEES. YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
11. GOVERNING LAW/DISPUTES. This Giveaway is governed by the laws of the United States and the State of Utah. As a condition of participating in this Giveaway, you agree, to the extent permitted by law, that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Giveaway, will be resolved individually, without resort to any form of class action, exclusively before a court located in Salt Lake County, Utah.