Cohesity Summer Fun Social Engagement Promotion Terms

  1. The promoter of this prize promotion (“Promotion“) is Cohesity, Inc. with registered address at 300 Park Avenue, San Jose, CA 95110, USA (“Promoter“, “we”, “us” and our“).
  2. The Promotion is open to anyone aged over 18 and resident in the United Kingdom, European Union, United States of America, Canada Mexico,  Australia, India, Japan, South Korea, Malaysia, New Zealand, Philippines, Singapore, Thailand, Vietnam or Hong Kong and who completes an entry in accordance with section 4 below.   Only one entry is allowed, per person for each of the weekly Cohesity challenges during the Promotion Period. Officers, employees, agents and contractors of Promoter, anyone professionally associated with this Promotion, and members of the respective families and households of any of the foregoing are not eligible to participate in the Promotion. No purchase required.
  3. All entries must meet the following criteria:
    1. entries must be original, exclusively created and owned by the entrant, the entrant must have all rights necessary to post the photo, video or written post and submit the entry, including written permission from anyone shown in the photo or video, and entries must not previously have been publicly available or used in any other promotion or contest;
    2. entries may not contain images of any individuals who are under 18 years of age or who have not provided their authorisation. By submitting an image of any individual under the age of 18, you represent that you have received permission from such minor’s parent or legal guardian to include such minor’s image; and
    3. entries must not contain material that is obscene, defamatory, libelous, threatening, pornographic, racially or ethnically offensive, unlawful, or encourages conduct that would be considered a criminal offence, give rise to civil liability, or violate any law. Entries must be appropriate for viewing by the general public; appropriateness will be determined by Promoter.
  4. The opening date for entry is 28 July 2020 at 12:01 am PDT when the first Cohesity challenge will be posted by us. Further Cohesity challenges will be uploaded each following Tuesday at 12:01 am PDT on the Cohesity Twitter handle until 1 September 2020 (“Promotion Period“). To enter, visit Cohesity’s Twitter handle, follow the Cohesity challenge instructions described on the contest post on how to submit your entry and please post your entry by tagging @Cohesity and including #CohesityFun in your tweet for the public to then like your post. Each entrant must include details of the country they are resident in either their entry post or Twitter bio. The entrant that receives the most post likes [per geographical region United Kingdom, European Union, United States of America, Canada Mexico,  Australia, India, Japan, South Korea, Malaysia, New Zealand, Philippines, Singapore, Thailand, Vietnam or Hong Kong will be the winner of the week for that geographical region]. To participate you must submit your entry between 12:01 am PDT on the relevant Tuesday and 11:59 pm PDT of the relevant Wednesday of the same week (i.e. in relation to the same Cohesity challenge) in the Promotion Period. Entries received after this time and/or that are not challenge-related or do not include thecountry you are resident in (in either your entry post or Twitter bio) will be discounted. We do not accept any responsibility for late or lost entries due to the internet. You are not required to enter into subsequent Cohesity challenges during the Promotion Period in order to be eligible to receive a prize for the relevant challenge that you have entered into.
  5. By entering the Promotion, you will be deemed to accept these terms, together with all entry instructions, which form part of these terms.
  6. The prize per each winner will vary from [Cohesity Swag including Socks, Chocolate and difference depending on the challenge of the week.
  7. We reserve the right, in our sole discretion, to disqualify any entrant who cheats or who tampers or attempts to tamper with the entry process for, or the operation of, the Promotion, or whose conduct is in breach of these terms, contrary to the spirit of these terms or the intention of the Promotion, or might, in our reasonable opinion, bring us, any of our affiliates or any of our or their respective brands into disrepute.
  8. There will be 15 winners of the Promotion, 1 for [each geographic region as listed in section 4 above] each week. The Cohesity Fun in the Sun Challenge weekly winners will be the entrants [(1 entrant per each geographic region as listed in section 4 above)] that have the most number of post likes by any Twitter followers (“Winner(s)“). The Winners will be notified by Twitter Direct Message within 1 day of the relevant week’s entry closing, as described in section4. In order to receive their Prizes, the Winners must share their mailing address, email address, and phone number for shipping purposes via Twitter Direct Message or email to social@cohesity.com following notification of their win. The Prize will be sent to each Winner by post within 5 days of sharing their shipping information.
  9. The Winners’ entitlement to the Prizes is non-transferable.
  10. The Prize is provided on an ‘as is’ basis and is non-negotiable. There is no cash alternative in whole or in part for the Prize. We reserve the right to award an alternative Prize (which may consist of one or more items) of equal or greater value.
  11. We will make all reasonable attempts to contact the Winners by Twitter direct message, but if we do not receive a response to claim the Prize within 2 days of the Prize being won, we reserve the right to award the Prize to another entrant (with the next most number of post likes for the same Cohesity challenge) in place of the original Winner or to forfeit the Prize altogether, without liability to the relevant Winner.
  12. The relevant Winner is solely responsible for the payment of any applicable tax in relation to the Prize and for any costs associated with the Prize or its use, including without limitation the cost of complying with any requirements of applicable law.
  13. Our offering of a particular Prize implies no affiliation on our part with or sponsorship or endorsement of the relevant third party manufacturer, supplier, provider or organiser.
  14. By participating in the Promotion, each entrant grants to the Promoter a non-exclusive, worldwide, fully paid, royalty-free, perpetual, transferable license to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the entry and materials and information submitted on and in connection with the Promotion or use or receipt of the Prize for any and all purposes in any medium.
  15. Each participating entrant hereby warrants that any entry and other materials and information provided by entrant are original and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations. If the entry or information or materials provided by entrant contain any material or elements that are not owned by entrant and/or which are subject to the rights of third parties, entrant represents he or she has obtained, prior to submission of the entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the entry and information and materials by Promoter in the manner set forth in these terms without additional compensation.
  16. The relevant Winner is solely responsible for all use made of the Prize. Subject to section 24 and except as expressly provided in these terms, no representations, warranties, conditions or other terms are made, given or accepted by us and no other terms shall apply, as between us and any person, in relation to the Prize, including without limitation any terms as to suitably, reliability, satisfactory quality or fitness for purpose, or any other implied terms, all of which we exclude to the maximum extent permitted by law.
  17. The Winners may be required to take part in some promotional activity, such as publicity photographs, as a condition of receiving the Prize.
  18. The Winners’ name will be posted on our website(s)and social media channels and referenced in our promotional emails and literature.
  19. By participating in the Promotion, you agree that, if you win, you will co-operate in all advertising, marketing and publicity material and activities we may, at our expense, produce or arrange and you will sign, if requested, an irrevocable release form allowing us, without any compensation being payable, to use your name, photograph, likeness, details of the country and/or city where you live, any comments made by or attributed to you, and to incorporate any such information in and any audio/visual recording or broadcast for such promotional purposes, in any media, throughout the world.
  20. By participating in the Promotion, each participant is providing his/her personal data to the Promoter. The Promoter will only process your personal data in accordance with its privacy policy available at https://www.cohesity.com/privacy/. See also sections 18 and 21 with regard to the announcement of Winners.
  21. The name and home state/county (and/or any other details required to be made available under applicable law) of the Winners will be made available upon request by sending a stamped addressed envelope to Cohesity, Inc. 300 Park Avenue, San Jose, CA 95110, USA within 30 days of1 September 2020.
  22. You agree that our decision is final and binding in all matters relating to the Promotion.
  23. We reserve the right, in exceptional circumstances, to vary, amend or withdraw the Promotion on reasonable notice.
  24. Nothing in these terms shall limit or exclude our liability to you for death or personal injury caused by our negligence, for fraudulent misrepresentation, or for any other liability that, by law, may not be limited or excluded. Subject to this, in no event shall we be liable to you for any loss, damage or disappointment suffered as a result of your entering (or inability to enter) the Promotion or your acceptance or non-acceptance of the Prize if you win.
  25. These terms and the Promotion shall be governed by the laws of the country in which you reside and subject to the jurisdiction of the courts in which you reside.