OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Participation constitutes entrant’s full and unconditional agreement to be bound by these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
ENTRY PERIOD: The Xello “GET YOUR STUDENTS OFF ON THE RIGHT FOOT” (“Sweepstakes”) starts at 3:00PM (EST) on November 1, 2019 and ends at 3:00PM (EST) on November 15, 2019 (the “Entry Period”). No entries into the Sweepstakes will be accepted before or after the respective commencement and conclusion of the Entry Period.
SPONSOR: The sponsor of the Sweepstakes is Xello, 1867 Yonge St. Suite 700, Toronto, ON, M4S 1Y5, Canada (“XELLO”). Sponsor will conduct the Sweepstakes substantially as described in these Official Rules. Not sponsored, endorsed, administered by or associated with Twitter.
ELIGIBILITY: Sweepstakes is open only to legal residents of the United States of America and Manitoba, Ontario, Nova Scotia, Newfoundland & Labrador, New Brunswick, Prince Edward Island, Saskatchewan, Alberta, British Columbia, Yukon, and the North West Territories, and void where prohibited or restricted by law. Entrants must be 21 years of age or older as of their date of entry in this promotion in order to qualify. This sweepstakes is subject to federal, state, provincial, and local laws and regulations. To be eligible, entrant must meet the entry requirements outlined within these sweepstakes rules.
Employees of Sponsor, their immediate family members and those living in the same household, and their respective affiliates, subsidiaries, parent and related companies, officers, directors, contractors and agents are not eligible.
AGREEMENT TO RULES: By entering this Sweepstakes, the Entrant (“You”) agrees to abide by the Sponsor’s Official rules and decisions, which are fully and unconditionally binding in all respects. The Sponsor reserve the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering this Sweepstakes the You represents and warrants that You are eligible to participate based on eligibility requirements explained in the Official Rules. You also agree to accept the decisions of the Sponsor as final and binding as it relates to the content of The Xello “GET YOUR STUDENTS OFF ON THE RIGHT FOOT” (“Sweepstakes”).
HOW TO ENTER: No purchase necessary to enter or win. A purchase will not improve your chances of winning. Online access and a Twitter account are required to participate. Many public libraries, retail businesses and other establishments allow patrons to access the Internet for free, and many Internet service providers and other companies offer free email accounts, including Twitter which offer the public free accounts. Each participant may enter the Sweepstakes unlimited times via Twitter for the duration of the entry period. To enter, you must complete the following steps Twitter during the Entry Period.
(1) Follow @xellofuture on Twitter;
(2) Tweet @xellofuture what you’ve been doing to get your students off on the right foot this school year.
By entering the Sweepstakes, each participant acknowledges that he/she agrees to the terms and conditions of these Official Rules. The Sponsor, Twitter, and their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively “Releases”) are not responsible for: any incorrect or inaccurate entry information provided by a participant; human error; alteration of entries; entries that are processed late or incorrectly or are incomplete or lost. Illegible and incomplete entries are disqualified. All participants agree to release and hold harmless the Releases from and against any claim or cause of action resulting from or arising out of participation in the Sweepstakes or use of any prize as a condition of entry into the Sweepstakes. By entering the Sweepstakes, participants agree that Sponsor may use their comments or images in promotional and other material at its sole and absolute discretion.
PRIZE: There will be one (1) prize of one (1) $200 Amazon gift card and twenty five (25) Xello branded socks awarded to one (1) contest entrant from Twitter.
A Prize must be accepted as is, and no transfer, product substitution, or prize equivalent shall be permitted without the permission of Xello. Xello reserves the right, in its sole discretion, to substitute and/or modify the Prizes or any portion thereof, with a Prize of equal or greater value for any reason. No rain checks shall be provided. Mutual arrangements shall be made with winner to claim prize. Prizes will be shipped directly to the address provided by the winner in the release form.
ODDS OF WINNING: Odds of winning will depend on the total number of eligible entries on Twitter received during the Entry Period. Xello reserves the right to remove an entry from the Sweepstakes and consequently disqualify any person tampering with the entry process or otherwise in violation of the Rules – or to cancel, terminate, or modify the Promotion in its sole discretion.
WINNER SELECTION: One (1) entry will be selected at random from all eligible entries on Twitter no later than November 20, 2019.
The entrant with the winning entry from Twitter will be notified via one of the following methods: (1) a reply on Twitter (2) a direct message “DM” on Twitter (3) a winner post including their name used to enter the Sweepstakes.
Notification is deemed to have occurred immediately upon completion of the tag on Twitter OR upon the sending of the direct message on Twitter. The winner must respond to Xello within five (5) days from the date winning notification is sent and will be required to email to claim their prize. In order to claim a Prize, the winner will have to correctly answer a time-limited, mathematical skill testing question (without the assistance of another individual or mechanical device) to be administered by a representative of Xello during a pre-arranged, mutually convenient telephone call or by such other means as Xello may require.
If the selected Winner does not email within five (3) days of notification, incorrectly answers the time-limited mathematical skill testing question, does not claim the Prize after five (3) business days, or is otherwise disqualified from the Sweepstakes, another winning Entrant may or may not be selected, at Xello’s sole discretion. Should Xello choose to award a Prize to another winning Entrant, it will select a Prize winner among the remaining eligible entries.
DECLARATION AND RELEASE OF THE PRIZE WINNER: Before being awarded the Prize:
- the selected entrant must correctly answer, unaided, a time-limited skill-testing mathematical question during a prearranged telephone call or by such other means as Xello may require; and
- the selected entrant must sign and return to Xello a standard form Declaration and Release (the “Release Form”) confirming compliance with the Sweepstakes Rules, acceptance of the Prize as awarded and releasing Xello, its affiliates and each of their respective officers, directors, employees, representatives and agents from all liability arising in connection with the Sweepstakes and the Prize. The Release Form will be emailed to the selected entrant at the email address provided on his or her Sweepstakes entry form.
In the event that the selected entrant fails to answer the mathematical question correctly, does not return the signed Release Form as instructed by Xello and within three (3) days of receipt of such Release Form, or otherwise does not meet all Sweepstakes Rules, the selected entrant will be disqualified and the Prize will be forfeited. Xello will then award the Prize (subject to these Sweepstakes Rules) to another selected entrant drawn from the remaining entries, at its sole discretion.
PUBLICITY: Except where prohibited by law, by accepting the prize, winner grants to Sponsor and its agents the right to use winner’s name, image, likeness, photograph, voice, opinions and/or hometown, province, and biographical information for promotional purposes in perpetuity, worldwide, in any media, including, without limitation, on the Internet or via wireless application protocol or any other means, without further permission, payment or consideration.
GENERAL: By entering the Sweepstakes, entrants agree that the Sponsor shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in the Sweepstakes or acceptance of or use of or inability to use the prize or parts thereof, including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, intellectual property, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Winner releases Sponsor from any and all liability and responsibility with respect to the prize (including any property loss, damage, personal injury or death). Winner acknowledges that the Sponsor has neither made nor is in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to the prize.
If for any reason, the Sweepstakes may not be conducted as planned by reason of any entry that, in Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, false and/or deceptive entries or acts, including the use of automated launching, voting or entry software shall render such entries ineligible and entrant will be disqualified. Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend the Sweepstakes or any portion thereof. In the event the Sweepstakes is canceled, terminated, modified or suspended, Sponsor, at its sole discretion, reserves the right to select a Winner from remaining eligible entries or conduct a random drawing to award the prize from among all eligible, non-suspect entries received before the time of the action or event warranting such cancellation, termination, modification or suspension. If such cancellation, termination, modification or suspension occurs, notification will be posted at xello.world.
The Sponsor will not enter any correspondence pertaining to the Sweepstakes, except with a potential winner. Xello shall not be responsible under any conditions whatsoever for any problems or technical malfunctions relating to the Sweepstakes or for any online errors, printing errors, or typographical errors or problems in connection with any Sweepstakes-related materials.
The Sponsor assumes no responsibility for any failure of the Xello sweepstakes webpage, Xello Twitter page, or the Xello website (herein collectively referred to as the “Websites”) during and following the promotion of the Sweepstakes or for any problems or technical malfunction of computer online systems, servers, access providers, computer equipment, software, or email failure. The Sponsor assumes no responsibility for lost, stolen, late, misdirected, or ineligible entries or for any computer, online, human, or technical malfunctions that may occur in the administration of the Sweepstakes. Subject to a contrary ruling by a recognized court of law if for any reason the Sweepstakes is not capable of running as planned (due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor or any act corrupting or affecting the administration, security, fairness, integrity or proper conduct of the Sweepstakes), Xello reserves the right, in its absolute and sole discretion, to disqualify a Participant or Group and/or cancel, terminate, modify or suspend the Sweepstakes. Under no circumstances shall the Sponsor be liable for any losses or damages from the use of, or reliance on, the information on the Websites (the “Information”) or use of the Websites. The Sponsor makes no warranty or guarantee as to the content, accuracy, timeliness, or completeness of the Information or that the Information may be relied upon for any reason.
If, by reason of a typographical or other error, more prizes are claimed than the number set forth in the Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes (one) will be awarded.
All expenses related to the receipt and use of the Prize is the sole responsibility of each Prize-winning Participant. Without limiting the generality of the foregoing, all expenses not specifically stated herein to be the responsibility of the Sponsor, shall be the sole responsibility of each Participant. No refund or compensation of any costs or expenses incurred by a Prize-winning Participant shall be made. The Sponsor denies any liability or responsibility in connection with any injuries, loss or damage of any kind arising out of this Sweepstakes or the Prize.
In addition to all of the foregoing conditions, the selected Participant, in order to be eligible to receive his/her Prize, must sign a declaration of eligibility, license and release, in a form to be provided by the Sponsor which relieves the Sponsor from any and all liability for injury associated with any Prize awarded to him/her, as well as satisfy any and all laws and regulations and other criteria required by the Prize winner’s province or territory of residence. The declaration of eligibility, license and release must be returned to Xello within three (3) business days of it having been provided to the Prize winner. Once the Prize winner has satisfied these requirements, he/she will be entitled to claim his/her Prize.
Any selected Participant who fails to abide by the terms set forth in these Official Rules will be disqualified and may, at Xello’s sole and absolute discretion, be banned from participating in Xello’s sweepstakes for a period to be determined by Xello, without prejudice to Xello’s right to seek additional remedies for any damages that it may have incurred due to the breach of these Official Rules by such Participant. Should the selected Participant be disqualified for any reason, not claim his/her Prize within the specified time, not comply with the Rules or incorrectly answer the time-limited mathematical skill-testing question, the Sponsor, in its sole discretion, may or may not select an alternate Prize winner.
It is the Participant’s sole responsibility to notify the Sponsor in writing at the address indicated above if he/she changes his/her address or other contact information. All corrections must be received prior to the expiry of the Promotion Period.
If any terms of the Rules are or become invalid, are ruled illegal by any court of competent jurisdiction, or are deemed unenforceable under the current applicable law, it is the intention of the parties hereto that the remainder of the Rules shall not be affected thereby and shall remain in full force and effect.
CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.