OFFICIAL SWEEPSTAKES RULES

Photo via Kitchener-Waterloo Oktoberfest

2019 Auv-toberfest (the “Sweepstakes”)

Official Sweepstakes Rules (“Rules”)

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS (“YOU”) MAY BE REQUIRED TO EXECUTE AN AFFIRMATION OF ELIGIBILITY AND RELEASE OF LIABILITY AGREEMENT.

BY ENTERING THE SWEEPSTAKES, YOU ARE PROVIDING YOUR INFORMATION TO AUVIK NETWORKS INC. (“AUVIK”) AND PERMITTING ITS USE AS DESCRIBED BELOW UNDER COLLECTION AND USE OF DATA.

ELIGIBILITY:

The Sweepstakes is open to IT managed service providers (MSPs) that are residents of:

  • Canada (excluding Quebec), and
  • the 50 United States of America (and the District of Columbia)
  • who have reached the age of majority in their jurisdiction of residence.

You are not eligible if you are an employee, representative or agent (including those with whom such persons are domiciled, whether related or not) of Auvik, its affiliates, or any other entity that is closely connected with the design or administration of the Sweepstakes (collectively, “Sweepstakes Parties”).

The Sweepstakes is subject to all applicable laws and regulations and void where prohibited by law.

ENTRY PERIOD:

The Sweepstakes begins on July 10, 2019 at 9:00 a.m. ET and ends on August 30, 2019 at 11:59 p.m. ET (the “Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”).

HOW TO ENTER:

NO PURCHASE NECESSARY. There are two ways to enter the Sweepstakes, as follows, each to be completed in full before the end of the Sweepstakes Period:

(1) Webinar Participation. If You are a current Auvik partner, You will be automatically entered into the Sweepstakes after fully completing the following by 11:59 p.m. ET on August 30, 2019:

  • You registered for the Auvik TrafficInsights™ webinar on July 30, 2019 (the “webinar”), and
    You either:

    • Attended the live webinar, or
    • Responded to our email survey about the webinar (applies only to those who registered for the webinar but were unable to attend)

Any webinar participant that is a current Auvik partner and wishes to have a second chance to win may also submit a bonus entry by email to [email protected]. The email should tell us, in your own words, (i) why you love Auvik TrafficInsights and (ii) how Auvik TrafficInsights has helped you and your clients. Bonus entries will give you a second entry in the Sweepstakes.

(2) Email Request. IT MSPs that are not Auvik partners may enter the Sweepstakes without having to complete the procedures outlined in (1) above by sending an email to [email protected], with “Auv-toberfest 2019” in the subject line, and including the following information in the email: (i) legal name of entrant, (ii) email address of entrant, (iii) a unique and original essay of 50 words or more in English explaining “Why I Want to Attend Auv-Toberfest 2019”.

IT MSPs that are not Auvik partners and wish to have a second chance to win may also submit a bonus entry by email to [email protected]. The email should tell us, in your own words, (i) how you first heard about Auvik and (ii) why you’re either considering Auvik or why you’ve decided not to use Auvik and what you’re using to monitor and manage your clients’ networks instead.

For an entry or a bonus entry to be eligible, it must include all of the required information and fulfill all Sweepstakes requirements, as specified herein. Whenever a determination must be made, including for eligibility, it will be determined in the sole discretion of Auvik.

By submitting a written entry or bonus entry as outlined above, You:

(I) represent and warrant that your entry (and each component thereof) (a) is original to You and that you have all necessary rights in and to your entry to enter the Sweepstakes, (b) does not violate any law, statute, ordinance or regulation, (c) does not contain any reference to or likeness of any identifiable third party, unless consent has been obtained as required by applicable law, (d) will not give rise to any claim of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of a third party, or give rise to any claims for payment whatsoever, and (e) is not defamatory, trade libelous, pornographic or obscene and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of third parties, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trademarks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion;

(II) grant to Auvik, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use Your entry (and each component thereof), in whole or in part for compiling, publishing, and promoting Auvik];

(III) waive all moral rights in and to your entry (and each component thereof) in favor of the Sponsor; and

(IV) agree to release and hold harmless the Sweepstakes Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action (including, without limitation, any intellectual property related cause of action) that relate in any way to Your entry (or any component thereof) or the Sponsor’s use of Your entry (or any component thereof).

ENTRY LIMIT:

You may enter one time, and may also submit one bonus entry. Otherwise, multiple entries from the same person will be disqualified. If You opt to access the Sweepstakes or to submit an entry via your web-enabled mobile device, data rates may apply. Auvik is not responsible for any charges.

After the Sweepstakes Period, no further entries to the Sweepstakes will be permitted. No responsibility can be accepted for entries not received for whatever reason. Auvik does not assume responsibility for phone, technical, network, electronic, computer, hardware or software failures of any kind, or misdirected, stolen, incomplete, garbled, or delayed internet/email computer transmissions.

PRIZE:

There will be one grand prize (the “Prize”) available to be won, consisting of two (2) passes to our sponsored Oktoberfest location in Kitchener, Ontario, Canada; two (2) round-trip flights from anywhere in North America to Toronto, Ontario, Canada; ground transportation between the airport and hotel; two (2) nights hotel accommodation in Waterloo Region; with an approximate retail value of $3,000 USD, all as more particularly described on auvik.com/auvtoberfest.

All characteristics and features of the Prize, unless otherwise explicitly described in these Rules, are at Auvik’s sole and absolute discretion. The Prize is to be awarded “as is” with no warranty or guarantee, either express or implied, by Auvik.

The Prize may not be substituted or exchanged, including, without limitation, for cash, or assigned or transferred by the Prize winner except at Auvik’s sole discretion. The Prize winner is solely responsible for any local, provincial, state, federal and other taxes and charges in connection with the receipt and use of the Prize, including, where applicable, sales, income and other similar taxes. Any additional expenses incident to the receipt and use of a Prize are the sole responsibility of the winner.

If a confirmed Prize winner does not comply with these Rules, then the Prize will be forfeited and no replacement winner will be chosen.

CERTAIN RESTRICTIONS MAY APPLY. WINNER WILL BE REQUIRED TO EXECUTE AN AFFIRMATION OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE IN FORM SATISFACTORY TO AUVIK.

WINNER SELECTION & CONFIRMATION:

On September 4, 2019 (the “Draw Date”) in Waterloo, Ontario at 10:00 a.m. ET, one potential Prize winner will be selected in a random draw from among all eligible entries submitted and received in accordance with these Rules. The draw will be conducted by Auvik, whose decisions are final on all matters relating to the Sweepstakes. The odds of winning depend on the number of eligible entries submitted and received in accordance with these Rules.

The potential Prize winner will be notified by phone or email and will be required to fulfill the following conditions (“Confirmation Conditions”) within three business days of notification in order to be confirmed as Prize winner:

  • sign and return an Affirmation of Eligibility and Liability/Publicity Release (“Affirmation & Release”) in form satisfactory to Auvik,
  • correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the discretion of Auvik, be administered online, by email, by telephone or in the form of Affirmation & Release), and
  • if requested, provide proof of identity acceptable to Auvik.

A potential Prize winner may be disqualified and determined ineligible if he/she fails to satisfy the Confirmation Conditions within the allotted time, or if he/she is otherwise determined by Auvik to be in violation of the Rules. In such event, Auvik may select an alternate potential winner by a random drawing. Any alternate potential Prize winner must satisfy the Confirmation Conditions before being confirmed as winner.

COLLECTION AND USE OF DATA:

By visiting the Website and entering the Sweepstakes, you are providing your information to Auvik, including your personal data. We gather this data in order to (1) administer the Sweepstakes, and (2) share marketing and other industry information with you.

Note that applicable privacy regulations, including but not limited to the General Data Protection Regulation (GDPR) provide a number of protections for use of your personal data. Any personal data collected from you will be subject to Auvik’s privacy policy, located at https://www.auvik.com/privacy-policy.

By entering the Sweepstakes, you expressly consent to:

    • Auvik processing, storing and using your information, including your personal data submitted with your Entry, in accordance with your express consent and otherwise with the terms of Auvik’s privacy policy (as specified above);

vreceiving communications from Auvik, their agents and/or representatives; and

  • such other processing, storage or use of your information by Auvik and to which you have consented by express agreement.

 

You may withdraw your consent and opt out of receiving communications at any time by contacting Auvik. Contact information is set out in Auvik’s privacy policy and unsubscribe procedures will be included in any communication received from Auvik from time to time.

GENERAL CONDITIONS:

Final Decisions: By entering the Sweepstakes, you agree to abide by these Rules and the decisions of Auvik in all matters, which are final and in its sole and absolute discretion.

Priority: In the event of any discrepancy or inconsistency between the Rules and disclosures or other statements contained in any Sweepstakes-related materials, including, but not limited to: the Sweepstakes entry, Website, and/or print or online advertising, the Rules will prevail, govern and control to the fullest extent permitted by law.

Reservation of Rights: Auvik reserves the right to cancel, modify or suspend the Sweepstakes or any element thereof (including, but not limited to the Rules) without notice in any manner and for any reason (including as a result of accident or error or in the event of any unanticipated occurrence that is not fully addressed in the Rules). Any attempt to deliberately damage any website or to undermine the legitimate operation of this Sweepstakes in any way is a violation of criminal and civil laws and should such an attempt be made, Auvik reserves the right to seek remedies and damages to the fullest extent permitted by law. Auvik reserves the right, and without prior notice, to adjust any of the dates, timeframes and/or other Sweepstakes mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Auvik, in its sole and absolute discretion, affect the proper administration of the Sweepstakes as contemplated in these Rules, or for any other reason. Without limiting the generality of the foregoing, Auvik reserves the right, in its sole and absolute discretion, to administer an alternate test of skill to any entrant as it deems appropriate based on the circumstances and/or to comply with applicable law.

DISCLAIMER, RELEASE AND LIMIT OF LIABILITY:

AUVIK AND AUVIK’ AGENTS AND CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE SWEEPSTAKES.

BY PARTICIPATING IN THE SWEEPSTAKES OR RECEIPT OF THE PRIZE, YOU AGREE TO RELEASE AND HOLD HARMLESS AUVIK, THEIR RESPECTIVE AFFILIATES AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY INJURY, LOSS, DAMAGE, CLAIM, ACTION, OR ANY LIABILITY OF ANY KIND ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF ANY PRIZE THAT MAY BE AWARDED.

RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (i) any failure of a website or any device during the Sweepstakes; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment or software; (iii) the failure of any entry or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Sweepstakes; and/or (v) any combination of the above.

WINNER’S NAME & RULES:

To obtain a copy of the winner’s name or of these Rules, mail your request along with a self-addressed, stamped envelope to: Auvik Networks Inc., 451 Phillip St., Suite 200, Waterloo, Ontario, N2L 3X2. Requests must be received before October 31, 2019.

GOVERNING LAW:

The Sweepstakes and the Rules are governed by the laws of the Province of Ontario, Canada, without respect to conflict of law doctrines. Auvik and, as a condition of participating in the Sweepstakes, each entrant, hereby agree that any dispute which cannot be resolved between the parties, and causes of action arising out of the Sweepstakes, will be subject to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in the City of Toronto, Ontario.