Fluke Networks LinkIQ Giveaway
PRIZE DRAW OFFICIAL RULES
Important: Please read these Official Rules before entering this prize draw (the “Prize Draw”). By participating in this Prize Draw, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PRIZE DRAW.
Prize Draw void where prohibited by law. Subject to applicable national, state, and local laws and regulations. This Prize Draw is a standalone promotion and is not valid in conjunction with any other promotions, offers, discounts, or vouchers.
1. Eligibility: The Prize Draw is open only to individuals who are legal residents of mainland United Kingdom who are at least 18 years old (or the age of majority in their jurisdiction, whichever is older) at the time of entry. The Prize Draw is void in all countries currently under sanction by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury to include: Balkans, Belarus, Burma, Cote d’Ivoire, Cuba, DR of the Congo, Iran, Iraq, Liberia (the former regime of Charles Taylor), Lebanon, Libya, North Korea, Somalia, Sudan, Syria, Yemen, and Zimbabwe. Please note that the list of sanctioned countries can change at any time, however, a current list can always be located at: http://www.treas.gov/offices/enforcement/ofac/programs.
Directors, officers, members, managers, and employees of Fluke Europe B.V. (“Sponsor”), and any of its respective parent companies, affiliate companies, subsidiaries, agents, distributors and resellers, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and their respective immediate family members (spouses, parents, children, siblings, grandparents, and “step” child, wherever they may live) or persons living in the same household (whether related or not) are not eligible to participate in or win any prize under this Prize Draw. This Promotion is not applicable by law to the following persons: employees of a government or agency or a public international organization; persons acting in an official capacity for or on behalf of such government agency or organization; employees of companies owned by the government or under government control; persons who represent a political party, party officials and candidates. This Promotion is also not applicable to healthcare professionals, being (a) individuals (or entities) involved in the provision of health care services to patients, or (b) individuals (or entities) who purchase, lease, recommend, use, arrange for the purchase or lease of, or prescribe Sponsor’s medical products or services on behalf of health care professionals, including physicians’ purchasing agents, physicians’ practice managers and management within medical group purchasing organizations. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below.
2. Prize Draw Period: The period for entering the Prize Draw starts at 12:01 a.m. Central European Time (CET) on July 1, 2021 and ends at 11:59 p.m. Central European Time (CET) on July 31, 2021 (the “Prize Draw Period”). All entries must be received during the Prize Draw Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Prize Draw.
3. How to Enter: To enter, during the Prize Draw Period; Visit the sign-up page at the URL: https://www.flukenetworks.com/request/linkiq-giveaway
a. Follow the instructions to enter the Prize Draw. b. Upon completion of these steps, you will receive one entry into the Prize Draw. The Prize Draw is limited to one entry per person during the Prize Draw Period. Any attempts to obtain additional entries, including through multiple or duplicate accounts will result in disqualification.
4. Identity of Entrant: Only individual entrants may enter into this Prize Draw. Bulk or automated entries will be disqualified (including, for example, entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s discretion.
In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address submitted with the entry. An “authorized account holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning entry.
5. Selection and Notification of Winner: On or about August 3, 2021 (the “Prize Draw Date”) Sponsor will select the name of two potential winners, in a random drawing from among all eligible entries at Sponsor’s headquarters as listed in Section 15 below. The odds of winning depend on the number of eligible entries received.
Potential winner(s) will be notified via email on or about Prize Draw Date. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, within five days of being notified, an Affidavit of Eligibility and Liability/Publicity Release in order to claim his/her prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) any required documents are not returned within five days, such as the Affidavit of Eligibility and Liability/Publicity Release; or (iii) if the potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. Only three alternate drawings will be held, after which the remaining prizes will not be awarded. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the above selection process from among all eligible claimants making purportedly valid claims to award the prizes available.
Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PRIZE DRAW. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
6. Prize: Two winners will each receive one Fluke Networks LinkIQ™ Cable + Network Tester, as detailed here: https://www.flukenetworks.com/enterprise-network/network-testing/linkiq-cable-and-network-tester Approximate Retail Value (“ARV”) of the prize: GBP 1525. 3- Within 30 days from the Prize Draw Date, Sponsor or its representatives shall dispatch the prize to the address provided by the winner. In case of non-receipt of the free gift, customer should inform Sponsor in writing at the email: media@fluke.com at the earliest, but no later than September 15, 2021. Claims of non-receipt received after this date shall be resolved solely at Sponsor’s sole discretion.
Prize Restrictions: ALL NATIONAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER(S). Prizes are not transferable. No substitutions or exchanges of prize (including for cash), offsets against other services or purchases; or combinations with any special offers, promotions or contracts will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Prize Draw.
Except for applicable manufacturer’s standard warranties, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
7. Disclaimer: Sponsor, and any of its respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures whether within or beyond Sponsor or the Released Parties’ reasonable control; (c) any Prize Draw disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by nonauthorized human intervention; or (d) any printing or typographical errors in any materials associated with the Prize Draw.
8. Limitations of Liability; Releases: By entering the Prize Draw, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Prize Draw or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE PRIZE DRAW OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE PRIZE DRAW OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PRIZE DRAW OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE PRIZE DRAW OR ANY PRIZE EXCEED USD
10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY, FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, FOR FRAUD, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Omitted.
10. Privacy: For information on how Sponsor collects and uses your personal information, please refer to Sponsor’s Privacy Policy at https://www.fluke.com/en-gb/fluke/privacy-policy.
11. Winner List; Rules Request: For a copy of the winner list, send an email to media@fluke.com for arrival after Prize Draw Date and before August 3, 2022 to the address listed in Section 15 below, Attn: “Fluke Networks LinkIQ Giveaway”. To obtain a copy of these Official Rules, visit https://www.flukenetworks.com/request/linkiq-giveaway or write to the aforementioned email address.
12. Intellectual Property Notice: FLUKE is a trademark of Fluke Europe B.V. The Prize Draw and all accompanying materials are copyright © 2021 by Fluke Europe B.V. All rights reserved.
13. Disputes: EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PRIZE DRAW OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE COURTS LOCATED IN THE TERRITORY IN WHICH THE SPONSOR IS INCORPORATED, AND EACH PARTY TO SUCH ACTION EXPRESSLY CONSENTS TO JURISDICTION OF THOSE COURTS. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE COUNTRY IN WHICH THE SPONSOR IS INCORPORATED, WITHOUT REGARD TO CONFLICTS OF LAWS. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
14. General Conditions: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. These Official Rules constitute the entire agreement governing the Prize Draw and binding the entrant, and no other agreement, verbal or otherwise, shall be binding regarding the Prize Draw unless it is in writing and signed by Sponsor. In case of any conflict or inconsistency between any other documents relating to the Prize Draw and these Official Rules, these Official Rules shall prevail. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to suspend or cancel the Prize Draw or any entrant's participation in the Prize Draw should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor's reasonable control affect the administration, security or proper play of the Prize Draw, or Sponsor otherwise becomes (in its discretion) incapable of running the Prize Draw as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Prize Draw, tamper with the operation of the Prize Draw or engage in any conduct that is detrimental or unfair to Sponsor, the Prize Draw or any other entrant (as determined in Sponsor's discretion) are subject to disqualification from the Prize Draw. Any attempt by an entrant or other individual to deliberately damage any website associated with this Prize Draw or undermine the legitimate operation of the Prize Draw may be in violation of criminal and civil law and Sponsor reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by applicable law. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Prize Draw. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. To the maximum extent provided by law, no waiver of any provision of these Official Rules will be -5- implied from any course of dealings between the entrant and Sponsor and Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect.
15. Sponsor: Fluke Europe B.V., BIC 1, 5657 BX Eindhoven, The Netherlands
