NO PURCHASE IS NECESSARY TO ENTER. YOUR CHANCES OF WINNING DO NOT INCREASE WITH A PURCHASE.
1. Eligibility: The promotional giveaway (the “Giveaway”) is open only to legal residents of the United States and Canada (excluding Quebec) who (a) are at least twenty-one (21) years of age; (b) reside in a jurisdiction where Giveaways such as the Giveaway are permitted by applicable law; and (c) and comply with these Rules. xMatters’ employees, its subsidiaries, affiliates, suppliers, partners, advertising and promotion agencies, and directors (collectively the “Employees”), as well as members of an Employees’ immediate family and/or those living in the same household of Employees, are not eligible to participate in the Giveaway. Eligibility to participate in the Giveaway is subject to all applicable federal, state and local laws and regulations, and this Giveaway and/or these Rules are void where prohibited by applicable law.
2. Sponsorship: The sponsor is xMatters (the “Sponsor”), located at 12647 Alcosta Boulevard, Suite 425, San Ramon, CA 94583, United States. Sponsor will conduct the Giveaway substantially as described in these Official Rules.
3. Agreement to Rules: By participating in the Giveaway, 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 Giveaway, You represent and warrant 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 this Giveaway.
4. Giveaway Period: Entries will be accepted starting on or about APRIL 20, 2021 at 09:00AM PT and ending APRIL 26, 2021. All entries must be received by APRIL 26, 2021 at 11:59PM PT.
5. How to Enter: Eligible entrants can enter the Giveaway by submitting an entry via Twitter, Facebook, or LinkedIn.
On Twitter, look for the Giveaway Tweet (“Giveaway Tweet”). Become a follower of the Sponsor’s account on Twitter and retweet the Giveaway Tweet with the hashtag #thisisxMatters to be entered into the Giveaway. You must be an active holder of a non-private Twitter account and be a follower of the @xMatters_inc to be eligible to enter this Giveaway via Twitter (i.e., you must make sure your tweets are set to “public” and not “private”). You must have a Twitter account to enter via this method.
On Facebook, look for the Giveaway Post (“Giveaway Post”). Become a follower of the Sponsor’s page on Facebook and reply with a comment to be entered into the Giveaway. You must be an active holder of a Facebook account and be a follower of the @xMatters to be eligible to enter this Giveaway via Facebook. You must have a Facebook account to enter via this method.
On LinkedIn, look for the Giveaway Post (“Giveaway Post”). Become a follower of the Sponsor’s page on LinkedIn and reply with a comment to be entered into the Giveaway. You must be an active holder of a LinkedIn account and be a follower of the @xMatters, inc to be eligible to enter this Giveaway via LinkedIn. You must have a LinkedIn account to enter via this method.
Bonus entries are permitted by entering the Giveaway on a different social platform: Twitter, Facebook, or LinkedIn only. Limit one (1) entry per eligible social platform.
As a participant, your entry must fully meet all the Giveaway requirements, as specified in the Official Rules, in order to be eligible to win a prize. Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Sponsor’s sole discretion.
6. Random Drawing/Odds: On or about April 26, 2021, three (3) Winners will be selected in a random drawing from all eligible entries received during the Giveaway Period (each a “Winner”). Odds of winning will depend upon the number of eligible entries received. The random drawing will be conducted by Sponsor. By entering the Giveaway, you fully and unconditionally agree to be bound by the governing rules and Sponsor’s decisions, which will be final and binding in all matters relating to the Giveaway.
7. Prizes: Three (3) Winners will each receive the following in the Giveaway:
- One (1) xMatters t-shirt with a retail value of $29.99 USD
- One (1) xMatters baseball cap with a retail value of $24.99 USD
- One (1) xMatters water bottle with a retail value of $29.99 USD
- One (1) package of xMatters stickers with a retail value of $9.99 USD
- One (1) YETI Roadie 24 Hard Cooler with a retail value of $279.99 USD
The actual/appraised prize value may differ at the time the prize is awarded and Sponsor reserves the right to substitute the prize(s) for another prize of similar value. The prize(s) shall be determined solely by the Sponsor. There shall be no cash or other prize substitution permitted except at the Sponsor’s sole discretion. The prize is non-transferable. Sponsor shall bear the cost of shipment of the Prize(s) to the Winner(s), up to one hundred dollars ($100), calculated in United States currency, and Winner shall be responsible for any shipment costs in excess of $100, calculated in United States currency. Prize(s) may only be shipped to physical addresses in the United States and/or Canada, excluding Quebec. The Winner, upon acceptance of the prize, is solely responsible for all expenses related to the prize, including without limitation any and all local, state, and federal taxes and/or import duties. The Winner shall not transfer assignment of the prize to others nor shall the Winner request the cash equivalent or prize substitution. By accepting the prize, the selected Winner grants permission for the Sponsor to use the Winner’s likeness, entry, and name for purposes of advertising and trade for a period of two (2) years without further compensation unless prohibited by law.
8. Notification of Winner: The Winner(s) will be notified on or about April 27, 2021. The Sponsor will notify the Winner(s) via a direct message on Twitter, Facebook, or LinkedIn. The Winner will be required to respond to Sponsor within five (5) calendar days in order to claim the prize. Sponsor is not responsible for nor shall have no liability for Winner’s failure to receive notices. Nor shall the Sponsor be liable for the Winner’s provision of incorrect or otherwise non-functioning contact information.
If any Winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any Winner rejects his/her prize or in the event of non-compliance with these Giveaway rules and requirements, the prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. No compensation will be given upon prize forfeiture. The receipt by winner of the prize offered in this Giveaway is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE GIVEAWAY AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. Rights Granted by you: By submitting an entry (e.g., text, video, photo, etc.) into this Giveaway, You understand and agree that the Sponsor, any individual acting on the Sponsor’s behalf, and the licensees successors, and assigns of the Sponsor shall, where permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your submission, name, photo, portrait, voice, likeness, image, statements about the Giveaway, and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration.
10. Terms & Conditions: In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate the Giveaway should non-authorized human intervention, a bug or virus, fraud, or other causes beyond the Sponsor’s control, impact or corrupt the security, fairness, proper conduct, or administration of the Giveaway. The Sponsor, in the event of any of the above issues, may determine the Winner based on all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. Individuals who tamper with or attempt to tamper with the operation or entry process of the Giveaway or violates these Terms & Conditions will be disqualified by the Sponsor in its sole discretion. In its sole discretion, the Sponsor has the right to maintain the integrity of the Giveaway, to void votes for any reason, including, but not limited to: multiple entries from the same user; the use of bots, macros, scripts, or other technical means for entering. Attempts by any entrant to deliberately damage or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws. If any such attempt is made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
11. Limitation of Liability: Your entry into this Giveaway constitutes Your agreement to release and hold harmless the Sponsor and its subsidiaries, representatives, affiliates, partners, advertising and promotion agencies, successors, agents, assigns, directors, employees, and officers against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages that may occur, directly or indirectly from participation in the Giveaway and/or the 1) Winner accepting, possessing, using, or misusing of any awarded prize or any portion thereof; 2) any type of technical failure; 3) the unavailability or inaccessibility of any transmissions, phone, or Internet service; 4) unauthorized intervention in any part of the entry process or the Promotion; 5) electronic error or human error in the Promotion administration or the processing of entries.
12. Disputes: THIS GIVEAWAY IS GOVERNED BY THE LAWS OF THE UNITED STATES AND CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. The Entrant agrees, as a condition of participating in this promotion, that if any disputes cannot be resolved between the Entrant and the Sponsor, and if causes of action arise out of or are connected with this Giveaway, they shall be individually resolved exclusively before a court located in California having jurisdiction, without resorting to any form of class action. Under no circumstances in any such dispute shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway). The participant waives all rights to have damages multiplied or increased.
13. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the xMatters Web Site. To read the Privacy Policy, please click here to read xMatters’ privacy notice.
14. Winners List: You may obtain a copy of the Winner’s name(s) or a copy of these Official Rules, by sending your request via mail with a stamped, self-addressed envelope to: xMatters, 12647 Alcosta Boulevard, Suite 425, San Ramon, CA 94583, United States. Requests must be postmarked no later than April 30, 2021.
15. This promotion is in no way sponsored, endorsed or administered by, or associated with YETI, any third party sponsor or any social media company, including Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the Sponsor of this Giveaway and not to YETI, Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google.