HP Back to School Power-Up Terms

AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Promotion, each Team fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of the Administrator (including, without limitation, decisions regarding eligibility of entries, the approval of fundraising Teams and beneficiaries, and the awarding of prizes), which are final and binding in all respects.

NOTIFICATION. Administrator will use digital randomization to impartially determine which fundraising Teams will be awarded prizes (“Winners) to Teams registered under the FlipGive program.

All winners will be notified no later than August 9, 2019. Winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Winners will be notified by email, as well as with a notice posted to their FlipGive Activity Feed. If a potential Winner is found to be ineligible, or if the potential Winner does not comply with the Official Rules, then the potential Winner may be disqualified and a new winner randomly chosen by the original method from the remaining pool of valid entries.

PUBLICITY. Except where prohibited by law, participation in the Promotion constitutes the Winners’ consent to Administrator's and Sponsor’s use of the Winners’ name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state/province and country for Promotion purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.

PRIVACY. The Administrator will collect personal data about the participants for the sole purpose of administering this Challenge. The Administrator respects your right to privacy. Please review the Administrator's privacy policy at https://www.flipgive.com/pages/privacy for details on the manner in which we collect, use, disclose, and otherwise manage your personal information.

GENERAL CONDITIONS. The Administrator reserves the right, in their sole discretion, to terminate, modify or suspend the Promotion if, in the Administrator’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Administrator’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion. In such event, the Administrator reserves the right (but does not have the obligation) in their sole discretion to award prizes to eligible, non-suspect entries received up to the time of suspected impairment. The Administrator reserves the right in their sole discretion to disqualify any individual entry or Team they find to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Promotion is a violation of criminal and civil laws, and, should such an attempt be made, Administrator reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules. The decisions of the Administrators are final and participants agree to abide by all of the instructions and decisions of the Administrators. In the event of any dispute regarding the interpretation of these official challenge rules, the decision or interpretation of the Administrators shall prevail. The Promotion Administrator reserves the right at its sole discretion to disqualify any individual from the Promotion, and to ban that individual from any future Promotion of the Administrator, if the Administrator finds or believes such individual to be tampering with the registration process or the operation of the Promotion or where applicable, the Website; to be acting in violation of the Promotion rules or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the Administrator, the Administrator's agencies, other participants or any other person. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE ADMINISTRATOR(S) RESERVES THE RIGHT TO REPORT ANY SUCH VIOLATION TO THE APPLICABLE AUTHORITIES AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

RIGHT TO TERMINATE, MODIFY OR SUSPEND. The Administrator may at any time, at its sole discretion and without liability, terminate, modify or suspend the Promotion in whole or in part, subject only to the approval of any applicable regulatory authority, if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or communications or any other errors or other causes beyond the control of the Administrator corrupt the administration, integrity or security of the Promotion or if any other factor interferes with the conduct of this Promotion as contemplated by these Official Rules.

RELEASE. By entering and/or accepting a prize, each entrant, Winner and potential Winner forever and irrevocably releases and holds harmless Administrator, their respective parents, subsidiaries and affiliates, and their respective agents, advertising and Promotion agencies, affiliates, retail partners, Promotion partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from the team’s participation and/or entry in the Promotion and/or the Winners’ prizes, receipt or use of any prize awarded in the Promotion including, without limitation, personal injuries, death and property damage. By participating in this Promotion, participants agree to be bound of the Official Rules of this Challenge.

LIMITATIONS OF LIABILITY. Administrator is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Promotion; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Promotion or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to team’s computer, which may be caused, directly or indirectly, in whole or in part, from the winning team’s participation in the Promotion, or from viewing, playing or downloading any material from website(s), regardless of whether the material was prepared by Administrator or a third party, and regardless of whether the material is connected to Administrator’s respective websites by a hypertext link. Any participants registration that is, incomplete, altered, or contains false information, is invalid. Administrator is not responsible for lost, stolen, delayed, damaged or misdirected claims or entries during the Promotion Period. The Administrator is not responsible for any errors or omissions with respect to the printing or advertising of this Promotion and reserves the right to withdraw or cancel this Promotion in the event of a printing or administrative error. For greater certainty, the Promotion Entities will not be liable for: a) any incorrect or inaccurate information, whether caused by Website users or by any equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of entries in the Promotion; b) any error, omission, interruption, deletion, defect or delay in operation of the Website or any transmission in connection with the Promotion; c) any communications line failure, theft, destruction or unauthorized access to, or alteration of, entries; d) any problems with, or technical malfunction of, any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email which may occur for any reason whatsoever, including technical problems or traffic congestion on the Internet or at any website or combination thereof; or e) any injury or damage to participants’ or to any other person's computer related to or resulting from participating or downloading materials in this Promotion.

DISPUTES. Each Winner and Potential Winner agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or provincial court located in Toronto, ON, Canada; the Winners submit to sole and exclusive personal jurisdiction to said courts in the Province of Ontario for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) under no circumstances will the Winners be permitted to obtain awards for and the Winners hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the winning team or Administrator in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the Province of Ontario, without giving effect to any choice of law or conflict of law rules of provisions (whether of the Province of Ontario, Canada, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario. This Promotion is subject to all applicable laws and shall be governed by and construed in accordance with the laws of the Province of Ontario. Any dispute or claim made by a party shall be filed in the judicial district of Toronto, Ontario to the exclusion of any other jurisdiction.

OFFICIAL RULES. These Official Rules are available to participants at https://www.flipgive.com/pages/hp-power-up or by sending a self-addressed postage-stamped envelope to “HP Back to School Power-Up 2019” C/O FlipGive, 325 Front St. West 4th floor, M5V 2Y1, Toronto, ON Canada

WINNERS’ LIST. To request a list of winners, send a self-addressed postage-stamped envelope to “HP Back to School Power-Up 2019” C/O FlipGive, 325 Front St. West 4th floor, M5V 2Y1, Toronto, ON Canada. Requests must be received by May 17th, 2019.

ADMINISTRATOR. The Administrator of the Promotion and the address at which the Administrator may be contacted is “HP Back to School Power-Up 2019” C/O 325 Front St. West 4th floor, M5V 2Y1, Toronto, ON Canada