The Dataxu Thanksgiving Challenge Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
Contest may only be entered in or from the eligible jurisdictions as selected by Sponsor (the “Eligible Jurisdictions”) and entries originating from any other jurisdiction are not eligible for entry.

1. How to Enter. During the Contest Period (defined below), Customers designated by DataXu’s Customer Success Management team who received an invitation email from DataXu inviting them to participate in the Contest, (“Eligible Customers”) may log onto the dataxu platform (“Site”) and complete one or more of the following activities to earn points (“Points”) towards your final score in the Contest:
• Launch CTV campaign – 500 points
• Setup new advertiser – 200 points
• Launch new campaign – 100 points
• Submit 100% of cases through Community portal (rather than via email) – 100 points
• Enroll in a beta and provide feedback to CSM – 50 points
• Create custom dashboard in ClearSight™ – 25 points
• Complete a DLC course and quiz successfully – 10 points
• Log into Community portal – 1 point (per day during the Contest Period)

If you choose to enter using a mobile device, standard data fees may apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.

All entry information and/or data shall be collectively referred to herein as the “Submissions” or each as a “Submission.” By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission and entrant has all appropriate rights, powers and authority to grant Sponsor all licenses to the Submission as set forth herein; (b) the Submission will not infringe on any rights of any third parties.
Sponsor shall have an irrevocable, perpetual (or for the duration of protection of the rights where perpetuity is void), right to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, with or without identification of the entrant or any authors of the Submission, in whatever form and in whatever circumstances Sponsor sees fit, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes and consent to Sponsor doing (or omitting to do) any acts in respect of the entry which may otherwise constitute an infringement of the entrant’s moral rights, to the fullest extent permitted by law. Entrants agree that entering the Contest may affect his/her legal rights, including, but not limited to, each entrant’s ability to obtain patent rights, copyright registration, trade secret protection, or other intellectual property or proprietary rights with respect to the information disclosed in the Submission. Entrants agree that Sponsor has not induced any entrant to enter the Contest, and is not responsible or liable to any entrant for any loss of right suffered by any entrant for entering the Contest.

All terms and conditions of Sponsor or of any Contest Site or website apply. Multiple entrants are not permitted to share the same Site account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email or Site accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any email account, the authorized account holder of the email address used to register on the platform or for the account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
Receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Contest. Entrants must comply with the applicable laws, decrees, regulations and guidelines of their Eligible Jurisdiction, and Sponsor will have no obligation to change or modify any of these Official Rules or take any further action as a result of such laws, decrees, regulations or guidelines of any Eligible Jurisdiction, except as is otherwise provided in these Official Rules.

2. Contest Entry Start/End Dates. Contest begins at 12:00 AM Eastern Standard Time (“EST”) on October 22, 2018 and ends at 12:00 AM EST on November 24, 2018 (“Contest Period”).

3. Eligibility. Participation open only to validly formed legal entities with a registered address in the Eligible Jurisdictions, who are existing customers of Sponsor and have received a unique invitation to enter the Contest from Sponsor. Void where prohibited and where taxed or restricted by law. Employees, officers and directors of Dataxu, Inc. (“Sponsor”) and its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, content providers, producers and distributors of content and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. You are not authorized to participate in the Contest if you are not located within the Eligible Jurisdictions. All applicable federal, state, provincial and local laws and regulations apply.
Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules.

4. Judging Panel/Judging Criteria. On or about November 26th, 2018, all eligible Submissions will be scored by representatives of Sponsor. All Submissions will be scored based on the following equally-weighted judging criteria (“Judging Criteria”) and assigned the Points as outlined in Section 1 accordingly: (a) number of tasks completed and (b) successful completion of tasks. In the event of a tie, the highest score in category (a) shall be deemed the winner (subject to confirmation).

5. Prizes. Three (3) Grand Prizes: The highest-scoring entrant in each of the following regions will be selected as the Grand Prize winner for that region: (i) North America (excluding Canada); (ii) Asia-Pacific and (iii) the European Union, for a total of three (3) Grand Prizes. Each Grand Prize shall consist of an event to be planned and hosted by Dataxu (the “Event”) at a restaurant location to be determined by Sponsor and held at a mutually agreed date and time; provided that if an APAC customer is a winner and is located outside of Singapore or Australia, Grand Prize shall consist of a $1000 gift card to a local restaurant determined by Sponsor. Approximate Retail Value (“ARV”) of each Grand Prize: $1000. Five (5) Second Prizes will be awarded to the five (5) highest-scoring runners up in each of the foregoing regions for a total of fifteen (15) Second Prizes. Each Second Prize shall consist of a $250 Visa Gift Card. ARV of each Second Prize: $250.
ARV of all prizes combined: $6,750; €5,825.25. Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state, provincial and local taxes and unspecified expenses (including social contributions and/or VAT Taxes, where applicable) are the responsibility of winners. AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL OR OTHER TAX REPORTING LAW OR REGULATIONS IN THE UNITED STATES AND IN THEIR RESPECTIVE JURISDICTION. ALL PRIZES WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Refusal by any entrant to submit such documentation or complete any required forms or obligations shall result in such winner forfeiting the prize, leaving it unclaimed.

Gift card terms and conditions apply. Limit one (1) prize per legal entity. Value of prize awarded will be based on each winner’s country/jurisdiction of residency. The difference between the actual and the approximate ARV will not be awarded. All cash prizes will be paid in U.S. currency or the local currency of the winner’s Eligible Jurisdiction, in Sponsor’s sole discretion. Entrants should be aware that to the extent any prize is to be awarded via check, such process of cashing in a winning check may result in deductions by clearing banks over which Sponsor has no control. If due to a printing, production or other error, more prizes are claimed than are intended to be awarded, the intended prize will be awarded in a random drawing from among all verified and validated prize claims received. No more than the stated number of prizes will be awarded.

6. Notification. Potential winner(s) will be notified on or about November 30th, 2018 by an appropriate method and may be required to sign and return, where legal, an Affidavit and/or Declaration/Certification of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) days of receipt.
If any potential 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 noncompliance with these Contest rules and requirements, or any other laws, rules or regulations of any applicable jurisdiction by the winner, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.

7. Conditions. BY PARTICIPATING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE NON-EXCLUDABLE GUARANTEES (DEFINED BELOW) ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, ITS PROMOTIONAL PARTNERS, AND THEIR ADVERTISING AND PROMOTIONS AGENCIES, CONTENT PROVIDERS, PRODUCERS AND DISTRIBUTORS OF CONTENT AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING ANY LIABILITY RELATED TO ATTENDANCE AT THE EVENT) AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Any and all federal, provincial, local state and local taxes are the sole responsibility of the winners. Participation in Contest and acceptance of prize constitutes each winner’s permission for Sponsor to use its company name, address (city and state/province/territory), likeness, photograph, picture, and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Entrants acknowledge and agree that their participation in this Contest are not and do not create any confidential, fiduciary, employment, agency or other special relationship between entrant and Sponsor. Subject to the Non-Excludable Guarantees, Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

8. Additional Terms. Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. To the extent permitted by applicable law, and subject to the Non-Excludable Guarantees, Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Contest and/or as a result of any applicable law, regulation, decree or guideline. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Limitation of Liability; Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE ANY WEBSITES ASSOCIATED WITH THIS CONTEST, OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW (I) THE EXCLUSION OF IMPLIED WARRANTIES ON APPLICABLE STATUTORY RIGHTS; AND (II) LIMITATIONS ON A CONTRACTING PARTY’S LIABILITY WITH REGARDS TO DAMAGES OR DEATH CAUSED DUE TO ITS NEGLIGENCE OR INTENTIONAL MISCONDUCT, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN SOME CASES. THIS LIMITATION MAY NOT BE ENFORCEABLE IN ALL JURISDICTIONS AND THEREFORE MAY NOT APPLY TO ALL ELIGIBLE PARTICIPANTS. FURTHER, NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

10. Disputes; Governing Law. To the fullest extent permitted by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE ELIGIBLE JURISDICTION WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Eligible Jurisdiction. The parties agree not to raise the defense of forum non conveniens.

11. Use of Data. Entry into this Contest may require you to enter your e-mail address, name, and certain other personal data. All data provided by you must be accurate. Sponsor will process your personal data in accordance with Sponsor’s Privacy Policy. You are informed that the personal data collected in connection with the Contest will be collected by the Sponsor’s servers and computer systems which are based in Singapore, the Netherlands, and the United States of America and such collection will therefore be subject to applicable laws. As such, you are informed that your personal data may be transferred outside of your Eligible Jurisdiction (including without limitation by being transferred, stored and processed outside the European Union if you are a resident of the European Union) and your personal data may not be subject to the same requirements or restrictions relating to such personal information as may exist in the country in which it was collected. Upon request, you will be provided with access to your personal data. You also have a right to oppose the collection, storage and use of such personal data under certain circumstances. To exercise such right, you may write to the Sponsor at the address set forth below. You may also withdraw your personal data upon request; however, you will be disqualified as an entrant in the Contest if you withdraw your personal data prior to the determination and fulfillment of the prizes.

12. Name of Winner/List of Winners. To obtain a list of winners including country and/or city and state of residence, as applicable, send a self-addressed, stamped envelope with sufficient postage by December 31st, 2018 to: DataXu, Inc., ATTN: Marketing Department, 281 Summer Street, 4th FLR, Boston, MA 02210.

13. Sponsor. DataXu, Inc., 281 Summer Street, 4th FLR, Boston, MA 02210.
If one or more provisions of these Official Rules shall be found invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Official Rules shall not be affected in any way thereby.

 

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