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Pivotree Giveaway – Terms & Conditions

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. INTERNET ACCESS REQUIRED.

EACH WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, WITHIN TEN (10) BUSINESS DAYS, AS MORE FULLY DETAILED BELOW.

BY ENTERING THE GIVEAWAY YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO PIVOTREE (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

This giveaway (the “Giveaway”) is open to residents of Canada (excluding Quebec) and continental USA, and shall be construed and evaluated according to the law of Province of Ontario. Participants must be eighteen (18) years of age or older in their state/province/territory at time of entry. Void in whole or in part where prohibited by law. Entry in this Giveaway constitutes acceptance of these rules (the “Rules”).

NOTE: In order to win a Prize (as defined below), a potential Winner must be an eligible person, must correctly answer a skill testing question, and must have complied and continue to comply in full and in all respects with these official Rules. No Prize will be awarded to any entry which does not comply in full with the provisions of these Rules. 

PIVOTREE: The Giveaway is sponsored by Pivotree Inc. with its head office located at [6300 Northam Drive, Mississauga, ON L4V 1H7, Phone: 877-767-5577] (“Pivotree”). Pivotree is also administering the Giveaway and any questions, comments or complaints must be directed to Pivotree.

ELIGIBILITY. To be eligible for this Giveaway, an individual must: (i) be a legal resident of Canada (excluding Quebec) or the Continental USA; and (ii) be 18 years of age or older in their state/province or territory at time of entry.

Employees of the Pivotree, and its affiliates, subsidiaries, related companies, and the immediate family members (i.e., parents, spouses, siblings, children, grandparents, etc., and their respective spouses, and those living in the same household, whether or not related), are not eligible to participate in the Giveaway.

Pivotree shall have the right but not the obligation to require proof of identity and/or eligibility to participate in the Giveaway. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to Pivotree for the purpose of the Giveaway must be truthful, complete, accurate and in no way misleading. Pivotree reserves the right, in its sole discretion; to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

GIVEAWAY PERIOD. The Giveaway starts on June 5th, 2023 and ends on the June 14th, 2023 of (i) Pivotree’s reaching 20,000 followers on LinkedIn platform or (ii) June 23rd, 2023 (the “Giveaway Period”). Pivotree reserves the right to modify the Giveaway Period, or cancel the Giveaway Period all together at any time, for any reason, without prior notice.

HOW TO ENTER.

There is no purchase necessary to enter the Giveaway. Enter using the method of entry outlined below. No entries will be accepted by any other means:

  1. Like this post
  2. Tag a friend or colleague in the comments
  3. Follow our page

If you complete all steps above, you will receive one (1) entry (“Entry”).

There is a limit of one (1) Entry per person per email address.

In the event of a dispute regarding who submitted an Entry, the authorized subscriber of the LinkedIn Profile used to participate in the Giveaway at the time of entry will be deemed to be the entrant, which shall mean the natural person who is assigned an email address and which can be verified by Pivotree. 

By participating in this Giveaway, each entrant acknowledges, represents and warrants that in addition to those Entry requirements set forth herein: (i) the Entry does not contain any material that is libelous, defamatory, profane or obscene and does not violate any laws relating to hate speech or otherwise; (ii) the Entry does not infringe upon the intellectual property or other statutory or common law rights of any third party; and (iii) if applicable, any minor shown in the Entry and the submission of the Entry is made with any required consent of a parent and/or legal guardian of such minor.

Each entrant understands and agrees Pivotree may, at any time, edit, modify or remove the Entry, in whole or in part, and may disqualify an entrant from the Giveaway if the Pivotree believes, in their sole discretion, that the entrant has breached any of the representations and warranties made above including, without limitation, on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech. 

By submitting an entry, each entrant confirms that they have obtained all required consent for use and publication of the Entry for the purpose of this Giveaway, from all individuals who may appear in the Entry being submitted.

All Entries become the sole property of the Pivotree. By submitting the Entry, the entrant assigns to the Pivotree all of entrant’s right, title and interest, including copyright, in and to the Entry, throughout the world in perpetuity. For greater certainty, the entrant acknowledges that, due to this assignment, Pivotree will have the exclusive and perpetual right to exploit each Winner’s name, photograph or likeness, and the Entry in any media now known or later developed in whatever ways Pivotree may determine in its sole discretion and to authorize others to do so. This includes, but is not limited to, the right to reproduce, copy, distribute, publish, exploit, display, prepare derivative works upon, communicate to the public by telecommunication, transmit, broadcast and otherwise use, commercialize, and exploit the Entry, in whole or in part and to edit, add to, or modify the Entry in any way, all without further obligation or compensation of any kind to the entrant. By submitting the Entry, the entrant waives all of its so-called “moral rights” that it may enjoy in any territory throughout the world in relation to the Entry. Upon request by Pivotree, the entrant agrees that it shall sign (or cause to be signed) all further documents or do (or cause to be done) all further acts and provide all reasonable assurances as may reasonably be necessary or desirable to give effect to the assignment of the entrant’s rights in the Entry.

Entries must be received no later than the end of the respective Giveaway Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those (1) selected for a Prize; or (2) that have sent questions or other communication to the Pivotree in addition to making an Entry.

PRIZES.

Each prize is hereafter referred to as the “Prize”. The confirmed Prize winner of each Prize is hereafter referred to as a “Winner”. There are a total of 3 Prizes to be won.

Each Prize consists of: Premium gift packaging (SILKEN Large 12 x 7.5 x 2.5 inches) • ProStand: Adjustable Phone Stand • Forte: Combination Speaker & Wireless Charger. Winners are not entitled to monetary difference between actual Prize value and stated value of the Prize, if any.

The Prize will be distributed within fifteen (15) business days after the Winner has been successfully contacted, notified of their Prize and fulfilled the requirements set out herein.

The Prize must be accepted by the Winner as awarded and cannot be transferred, exchanged, assigned, substituted or redeemed for cash, except at the sole discretion of Pivotree. Pivotree reserves the right, in its sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.

Pivotree shall not assume any liability for lost, damaged or misdirected Prizes. Each Winner is solely responsible for all federal, provincial, state and/or local income taxes, sales tax, gift taxes, surcharges, service charges, processing and handling fees, and all other costs or expenses incurred in claiming a prize. Prize transfers are not allowed, except with the express consent of Pivotree (which may be withheld for any reason). Prize must be accepted as awarded and no substitutions, exchange, or conversions will be made (except that, if for any reason a Prize is not available, Pivotree, at its sole option may substitute a prize having an approximate retail value of no less than the approximate retail value of the Prize).

Any refusal by a potential Winner to accept a Prize, as awarded and in its entirety, hereby releases and forever discharges Pivotree and the Releasees (as defined herein) from all obligations to the Winner related to the Prize, including delivery of same, and the prize will not be awarded in the Giveaway.

WINNER SELECTION.

3 entrants will be selected by a random electronic draw from all eligible Entries received during the Giveaway Period. The odds of being selected as a potential winner are dependent upon the number of eligible Entries received by Pivotree for the Giveaway Period. Before being declared a Winner, the selected entrant may be required to: (i) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call, or by email; (ii) comply with the Rules, and (iii) sign and return a confirmation and release document.

The selected entrant will be notified through Sarah’s LinkedIn account, requesting for their email address and then the entrant receives an email from the Pivotree marketing team. Pivotree will make a minimum of 3 attempts to contact the selected entrant by email within ten (10) business days of the draw date. Upon notification, each selected entrant must provide required information in compliance with these Rules to the email provided in the notification, and the selected entrant’s response must be received by Pivotree within 5 business days after being notified. If the selected entrant does not respond in accordance with the Rules, they will be disqualified and will not receive the Prize and another entrant may be selected, in Pivotree’s sole discretion, until such time as an entrant satisfies the terms set out herein. Pivotree is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for Pivotree to receive a selected entrant’s response.

If, as a result of an error relating to the entry process, drawing or any other aspect of the Giveaway, there are more selected entrants than contemplated in these Rules, there will be a random draw amongst all eligible Prize claimants after the Giveaway’s closing dates to award the correct number of Prizes.

ALL POTENTIAL WINNERS MAY BE SUBJECT TO VERIFICATION BY PIVOTREE, WHOSE DECISIONS ARE FINAL. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE GIVEAWAY SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.  PIVOTREE WILL NOT ACCEPT OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.

RELEASE.  Each Winner may be required to execute a release and waiver in the form provided by Pivotree that releases Pivotree and its subsidiaries, affiliates, employees, directors, officers, suppliers, agents, Pivotree, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Giveaway, participation in any Giveaway-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom.

INDEMNIFICATION BY ENTRANT.

Each entrant agrees to release, hold harmless, and indemnify each of the Releasees from and against any liability whatsoever for injuries or damages of any kind sustained in connection with the acceptance, use, misuse, or awarding of the prize or while preparing for, participating in, and/or traveling to or from any Prize- or Giveaway-related activity including, without limitation, any injury, damage, loss, death or accident to or of person or property. Winner agrees that a Prize is provided as-is without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the Prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose.

LIMITATION OF LIABILITY. Pivotree assumes no responsibility or liability for: (a) lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Entries, notifications, responses, replies or any required documents or releases; (b) any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry; (c) any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error which may occur in the administration of the Giveaway; (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries; (e) any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the internet, at any website, or on account of any combination of the foregoing; (f) any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Giveaway. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Giveaway, or by the acceptance, possession, use of, or failure to receive any Prize. Pivotree assumes no responsibility or liability in the event that the Giveaway cannot be conducted as planned for any reason, including those reasons beyond the control of Pivotree, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Giveaway. The Releasees make no warranty, guaranty, or representation of any kind concerning any Prize and disclaim any implied warranty, guaranty, or representation.

LINKEDIN RELEASE. LinkedIn: (i) has not sponsored, endorsed or administered the Giveaway; (ii) is not associated or connected with any part of the Giveaway in any manner whatsoever; and (iii) is not liable in any way whatsoever in regard to any matter, which relates to the Giveaway. Any questions, comments or complaints will be directed to Pivotree and not. LinkedIn shall be indemnified and held harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the Giveaway including without limitation the publicity or administration thereof.

CONDUCT. By participating in the Giveaway, each entrant agrees to be bound by the Rules, which will be made available online on Pivotree’s Website.  Entrant further agrees to be bound by the decisions of Pivotree, which shall be final and binding in all respects. Pivotree reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Giveaway; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any online Pivotree’s property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Caution: Any attempt to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws. Should such an attempt be made, Pivotree reserves the right to seek remedies and damages to the fullest extent permitted by law, including but not limited to criminal prosecution.

PRIVACY / USE OF PERSONAL INFORMATION.

By participating in the Giveaway, entrant: (i) grants to Pivotree the right to use their name, mailing address, the Entry, telephone number, and email address for the purpose of administering the Giveaway, including but not limited to contacting and announcing the Winners; (ii) grants to Pivotree the right to use their name, photograph or likeness, and the Entry for Giveaway administration, publicity, and promotional purposes relating to the Giveaway, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that Pivotree may disclose their name, photograph or likeness, and the Entry to third-party agents and service providers acting on behalf of Pivotree in connection with any of the activities listed in (i) and (ii)above [remove if not applicable]. 

Pivotree will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information. Pivotree will not collect any more information than needed for the purposes of the Giveaway and shall not ever ask for any financial information from any Winner or Entrant.

INTELLECTUAL PROPERTY. All Pivotree intellectual property, including but not limited to trade-marks, trade names, logos, designs, copyrights and any other intellectual property and trade secrets contained in any materials including without limitation print, digital and any other media are owned by Pivotree and/or its affiliates, unless otherwise stated. All rights are reserved. Unauthorized copying or other use of such material without the express written consent of its owner is strictly prohibited. 

TERMINATION. Pivotree reserves the right to terminate the Giveaway, in whole or in part, and/or to modify, amend or suspend the Giveaway, and/or the Rules in any way, at any time, for any reason without prior notice.

TERMS. These are the official Rules. The Giveaway is subject to applicable federal, provincial, municipal and local laws and regulations. The Rules are subject to change without notice in order to comply with any applicable federal, provincial, municipal and local laws or the policy of any other entity having jurisdiction over Pivotree. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules or the rights and obligations as between the entrant and Pivotree in connection with the Giveaway shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL AN ENTRANT BE PERMITTED OR ENTITLED TO OBTAIN (AND HEREBY WAIVES ALL RIGHTS TO SEEK OR CLAIM) INJUNCTIVE, EQUITABLE, OR OTHER NON-MONETARY RELIEF OR AWARDS FOR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING LAWYERS’ FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (IF ANY), NOT TO EXCEED TEN DOLLARS ($10), AND ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. THE GIVEAWAY IS VOID WHERE PROHIBITED BY LAW.

SEVERABILITY. If any term or condition of the Rules is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Rules.

LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Rules and disclosures or other statements contained in any Giveaway-related materials, including but not limited to the Giveaway entry form, or point of sale, television, print or online advertising, the terms and conditions of the Rules shall prevail.