NO PURCHASE NECESSARY TO ENTER OR WIN. This is a skill-based Competition. Chance plays no part in the determination of winners. Void where prohibited.
SPONSOR: Klaviyo, Inc., 225 Franklin Street, 10th Floor, Boston, MA 02210.
- ELIGIBILITY: The “Klaviyo Owned Growth Stories” competition (“Competition” or “Challenge”) is open to entities that are (a) registered to do business in one of the 50 states within the United States or the District of Columbia (the “Territory”); and (b) current customers of Klaviyo (with a free or paid account) throughout the Challenge Period, as defined below (each an “Organization”).
In order to participate in the Challenge, an Organization must NOT have as its mission/purpose/objective:
- The promotion of any political party or agenda;
- The promotion of any particular religion or religious belief;
- Advocating discrimination against any person or group of persons based on race, gender, religion, sexual orientation, gender identity or expression, ethnicity, national origin, age, physical or mental challenge, or military veteran status;
- The promotion of debt reduction, business loans or financial-related services;
- The direct financial benefit of a given individual or group of individuals.
Each Organization entering the Competition (each an “Entrant”) must designate a representative that is authorized to act on its behalf (the “Captain”). The Captain must be at least eighteen (18) years of age and be a legal resident of the United States within the Territory. The Captain will be the sole representative of the Organization in all dealings with Sponsor with regard to the Challenge, and the decisions of the Captain will be final and binding upon the Organization.
Each Organization may only enter the Challenge once; should more than one (1) person seek to enter an Organization in the Challenge, only the first eligible Entry, as defined below, will be recognized. Employees, directors and officers, and their immediate families (spouses and siblings, parents and children, and their spouses) and household members, of Klaviyo and its parent companies, subsidiaries and affiliates, and companies involved in the implementation and execution of the Challenge on behalf of Klaviyo (collectively the “Challenge Entities”) are NOT eligible to participate in the Challenge as a Captain or otherwise in connection with any Entrant. The Challenge is void in Puerto Rico and other U.S. commonwealths, territories or jurisdictions (including overseas military installations) and where otherwise prohibited. The Challenge is subject to all applicable federal, state and local laws, rules and regulations.
II. COMPETITION PRIZES:
A. Preliminary Competition: Each Finalist will be awarded:
- An all-expenses paid trip to Boston for the Klaviyo:BOS 2019 conference, currently scheduled for September 25-26, 2019 in Boston, MA, which includes:
- a. One VIP ticket for Finalist representative to attend Klaviyo:BOS 2019;
- b. One coach-class airline tickets for Finalist representative to for travel to Boston from within the United States for Klaviyo:BOS 2019;
- c. Hotel Accommodations for  nights in Boston for one Finalist representative attending the Klaviyo:BOS 2019
2. A professional promotional video filming session describing Finalist’s use of the Klaviyo product.to be arranged, coordinated and paid for by Klaviyo
Value of each Preliminary Prize: [$2,800]
B. Final Competition: One winner from among the Finalists will receive a Grand Prize of $5,000.
Value of Grand Price: $5,000.00
FOR THE AVOIDANCE OF DOUBT, ALL PRIZES WILL BE AWARDED TO THE ORGANIZATION. NOT TO THE CAPTAIN OR ANY OTHER INDIVIDUAL AFFILIATED OR ASSOCIATED WITH THE WINNING ORGANIZATION.
Note: If a Finalist organization previously purchased a ticket to the Klaviyo:Bos 2019 Conference, then the price of such ticket shall be refunded to Finalist following their selection as a Finalist.
III. AGREEMENT TO THE OFFICIAL RULES: By participating in the Challenge, Captain (on behalf of him/herself and the applicable Organization) fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Challenge. Selection as a Finalist or Grand Prize winner is contingent upon the Captain and Entrant fulfilling all requirements set forth in these Official Rules.
IV. TIMING: The Challenge will begin on 7/29/19 and end on 10/20/19 (“Challenge Period”). All date ranges begin at 12:00 AM (midnight) Eastern Time (“ET”) and end at 11:59 PM ET. The Sponsor computer receiving the entry is the official time keeping device for the Challenge. The Challenge Period will include the following:
A. Entry Period: 7/29/19 – 8/12/19
B. Judging of preliminary entries: 8/13/19 – 8/14/19
C. Announcement of Finalists: 8/16/19
D. Finalist Video Development: 8/16/19 – 9/9/19
E. Voting and Sharing Period: 9/20/19 – 10/15/19
F. Announcement of Grand Prize Winner: 10/20/19
V. PRELIMINARY COMPETITION: In order to enter the Competition, the Captain shall visit klaviyo.com/ownedgrowthstories and complete an official entry form with all required information, including the name of the Organization and the name and email address of the Captain. As part of the entry form, the Captain must also complete a questionnaire (collectively the “Entry”) in a complete and truthful manner, to the best of the Captain’s knowledge and belief after reasonable inquiry. The questionnaire requires certain background information regarding the Organization, as well as a statement addressing the following points (no more than 1200 characters per point; in English):
- What is your business URL?
- In what year was your company founded?
- Why did you start your company?
- What’s the growth story behind your company? (i.e. started out in a college dorm room, now have 3 employees and have an office)
- What have been the top 3 key elements to your brand’s growth? (i.e., email, social media, product-market fit, etc.)
- What would you do with the $5,000 if you win?
All components of an Entry must be submitted during the same on-line session; partial or piecemeal Entries will NOT be accepted.
BY SUBMITTING AN ENTRY THE CAPTAIN REPRESENTS AND WARRANTS THAT he or she has all necessary RIGHTS (INCLUDING ANY NECESSARY LICENSES OR CONSENTS) TO USE AND SUBMIT THE ENTRY on behalf of the organization
Sponsor expressly reserves the right, but is under no obligation, to supplement any Entry with phone interviews and/or supplemental information requests (sent via electronic mail) in order to verify the accuracy or completeness of Entry information. Captain agrees to provide complete and truthful information in response to such requests, with the understanding that the failure to do so in a timely manner (or the provision of incomplete or inaccurate information in responding to any such request) may result in disqualification of the Entry.
All Entries must be received by 8/12/19 at 11:59 PM ET.
VI. PRELIMINARY JUDGING:
- A judging panel comprised of representatives of Sponsor will review all eligible Entries and select the top five (5) Entrants as Finalists. Sponsor reserves the right to select fewer than five Finalists due to an insufficient number of qualified (eligible) Entries, or for any other reason. Finalists will be awarded up to 10 points for each of the following criteria:
A. Demonstrating a clear and concise growth story;
B. Persuasiveness and effectiveness of demonstrating the growth story; and
C. Clearly outlining how the $5,000 would be used to help the company grow.
In the event two or more potential Finalists have the same number of total points, the Organization whose Entry has the higher score for criteria (A) above will prevail.
On or about 8/15/19, the Captain of each Finalist will be contacted by Sponsor via email, phone or mail (exact method or methods of notification will be determined by Sponsor in its sole discretion). As a condition of announcement as a Finalist, the Captain and the Organization agree to timely complete, sign and return an and, except where prohibited by law, a Publicity Release Form. If the Organization fails to timely execute and return these documents, or is deemed ineligible or in violation of these Official Rules, or if the Captain cannot be contacted after reasonable effort as determined by Sponsor in their sole discretion, the selection of the Organization as a Finalist will be rescinded, the Organization will forfeit any claim to a prize, and Sponsor shall not have any liability or obligation of any kind to such Organization under any legal theory. In such event, Sponsor may or may not elect, in its sole discretion, to select another Organization as a Finalist.
VII. FINAL COMPETITION
A. Finalist Video Development and Submission:
- In order to compete for the Grand Prize, each Finalist must create a video telling the Organization’s brand growth story. The video should showcase the Finalist Organization in action and should expand upon and complement the Finalist’s original Entry. A Finalist Video cannot exceed one (1) minute in length and will be filmed and edited exclusively by a professional film crew selected and compensated by Sponsor (the “Video Production Company”).* A Finalist may only submit one (1) Finalist Video; and, once submitted, a Finalist Video cannot be modified, edited, supplemented or changed. All components of the Finalist Video must be created specifically for this Challenge and not have been previously published. Once approved by the Finalist, the Video Production Company shall submit the Finalist’s Video to Sponsor.
- *After filming the videos we realized that the videos were so rich in content that we needed to extend the maximum length to 2 minutes or less in length.
A Finalist Videos must be received by 9/9/19 at 11:59 PM ET.
In addition to the foregoing, each Finalist Video must comply with the submission guidelines set forth in Section IX.A, below. If Sponsor determines, in its sole discretion, that a Finalist Video is not in compliance with these requirements, Sponsor may, but is under no obligation to, advise the Finalist Captain of such non-compliance and provide the Finalist an opportunity to re-submit the Finalist Video, time permitting. In the event that Sponsor determines, in its sole discretion, that the non-compliance of a Finalist Video if sufficiently egregious or blatant, Sponsor may automatically disqualify such Finalist and revoke any prize previously awarded.
B. Posting of Finalist Videos
- . If Sponsor determines that a Finalist Video meets the submission guidelines herein, Sponsor will post such Finalist Video on a website designated by Sponsor (the “Finalist Video Site”). Each Finalist Organization understands and agrees that (1) the posting of the Finalist Video is subject to technological, electronic, programming and other limitations or malfunctions. (2) the Finalist Video as posted may not be exactly the same as Finalist Video submitted by Finalist; and (3) the Finalist Video may be posted by Sponsor on Finalist Video Site in any order, format, sequence or pattern, which may or may not be altered or varied by Sponsors in its sole discretion one (1) or more times during the public voting period; and (c) Finalist Video will be attributed to Finalist as follows: [NAME OF ORGANIZATION].
C. Promotion of Finalist Videos
- . Finalists may promote their Finalist Video and the Challenge generally through their social media channels (provided that all such promotion is in accordance with, and not otherwise prohibited by, the Terms of Service of each such platform), and through electronic mail to those recipients that have opted in to receive such communications, and other lawful methods. All such promotional activities must link to the Final Video Site.
D. Finalist Video Voting
- . Between 9/20/19 at 12:00 AM ET and 10/15/19 at 11:59 PM ET, visitors to the Final Video Site may view Finalist Videos and vote for one favorite. Each visitor is limited to one vote (per Twitter account or IP address). Sponsor may choose to postpone or modify the Finalist Video voting period by posting notice to such effect on the Final Video Site. Each vote must be manually key-stroked in accordance with the instructions on the Final Video Site. Use of any device or artifice to manipulate or compromise the integrity of the voting procedure will result in voiding of such votes by Sponsor in its sole discretion. In such event, Sponsor reserves the right to impose penalties on (and perhaps disqualify) any Finalist determined to have been involved in such actions; but such penalties and disqualification will not constitute the sole recourse available to Sponsor under such circumstances. Sponsor reserves the right to confirm the one-vote per person requirement through confirmation of IP addresses or social media accounts. Should Sponsor decide to post a running total of the number of votes received by each Finalist Video in the public voting, such total is provided for informational purposes only, is not binding upon Sponsor in any respect and may be modified at any time without notice or liability.
VIII. DETERMINATION OF WINNERS: The awarding of the Grand Prize will be determined based on the following formula with regard to Finalist Video. Any rankings will be calculated on a scale of 1 to 10 with 10 being the highest.
(a) Ranking among the five (5) Finalists for total number of votes (25%)
(b) Ranking among the five (5) Finalists for total number of views (25%)
(c) Judging by Sponsor based on a ranking of 1- 5 based on following two criteria (50%)
- Persuasiveness and effectiveness of telling the organizations growth story
- Creativity and originality of the video
On or about 10/15/19, Captains of Finalists will be contacted by Sponsor via email, phone or mail (exact method(s) of notification to be determined by Sponsor in their sole discretion) and notified as to whether or not their Organization has won the Grand Prize. If the Captain cannot be reached after reasonable effort as determined by Sponsor in their sole discretion, or if the Organization is subsequently deemed ineligible or in violation of these Official Rules, then the Grand Prize will be forfeited by such Organization and Sponsor shall not have any liability or obligation of any kind to such Organization under any legal theory beyond award of Finalist Prize to such Organization. (Organization may retain Finalist Prize under such circumstances.) In such event, the Finalist with the next highest score in the Finalist Round (as set forth above) will be the winner of the Grand Prize originally won by the Organization forfeiting same.
In the event of a tie, the Finalist whose Finalist Video had the higher/highest score in the Final Round Judging by Sponsors according to the criteria stated in section (c) above will be awarded the Grand Prize.
IX. CONDITIONS OF PARTICIPATION: A. SUBMISSION REQUIREMENTS FOR ENTRY VIDEO/STATEMENT AND FINALIST VIDEO (AS APPLICABLE):
- Submissions by Entrants (i.e., Entry Video, Entry Statement, and Finalist Video, as applicable) must be truthful and Sponsor reserves the right to verify information contained in the Submission. Submissions must be the original work of the Entrant (i.e., Captain and/or other current members of the Organization). In addition, Entrants agree that all Submissions shall meet the following requirements and guidelines (any entry that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified and will not be considered an Eligible Entry):
- Submissions must constitute an original work of Entrant, and must be keeping with the Sponsor’s image, as determined by Sponsor in its sole discretion.
- Submissions must not infringe upon the copyrights, trademarks, right of privacy, publicity or other intellectual property rights or other rights of any third party.
- Submissions must not be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, illegal, discriminatory or harassing, or display inappropriate activity, behavior or conduct or contain nudity.
- Submissions must not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
- Submissions must not be obscene or offensive, crude or vulgar, endorse any form of hate or hate group, gang signs or symbols.
- Submissions must not contain trademarks owned by others, or advertise or promote any brand or product of any kind, without permission.
- Submissions must not contain any personal identification, such as license plate numbers, personal names, email addresses, Websites, webpage links or street addresses.
- Submissions must not contain copyrighted materials owned by others (including photographs, sculptures, paintings, music and other creative works or images published on or in Websites, television, movies or other media) without permission.
- Submissions must not contain materials embodying the names, likenesses, voices or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission.
- Submissions must not include look-alikes or celebrities or public or private figures, living or dead.
- Submissions must not communicate messages or images inconsistent with the positive images and/or goodwill to which the Released Parties wish to associate.
- Submissions must not depict and/or contain any content that is in violation of these Official Rules and/or any applicable laws.
Additionally, if any Submission contains any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to sending such Submission to Sponsor, any and all releases and consents necessary to permit the use and exhibition of the Submission by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Submission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof may, if requested, render the Submission null and void. By sending a Submission, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. Sponsor shall have the right to modify a statement and/or video to bring the Entry in compliance with these requirements should it feel it is necessary in its sole discretion. All Entries will be reviewed for content eligibility and compliance with these Official Rules before being judged. Entries containing false information, prohibited material or inappropriate content, as determined by the Sponsor, in its sole discretion, may be disqualified. Sponsor makes the final determination as to what Entries are eligible to take part in this Contest. Entering an Entry grants Sponsor and its agents the unconditional, irrevocable, worldwide right to publish, use, adapt, edit and/or modify such Entry in any way, in any and all media, without limitation, and without consideration to the Entrant whether or not such Entry is selected as a winning Entry. BY SUBMITTING THE ORIGINAL ENTRY, THE ENTRANT ORGANIZATION REPRESENTS AND WARRANTS THAT IT HAS ALL RIGHT, TITLE, AND INTEREST NECESSARY TO GRANT THE SPONSOR THE WORLDWIDE, IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE AND UNRESTRICTED RIGHT AND LICENSE TO ADAPT, PUBLISH, USE, DISTRIBUTE, AND CREATE DERIVATIVE WORKS OR MODIFY THE ENTRY, INCLUDING THE VIDEO, IF SUBMITTED AS A FINALIST (“PARTICIPANT MATERIALS”) IN CONNECTION WITH THE PROMOTION AND ADMINISTRATION OF THE COMPETITION, IN ANY MEDIA NOW OR HEREAFTER KNOWN, INCLUDING, BUT NOT LIMITED TO: SPONSOR WEBSITES, PRESS RELEASES, EMAIL MESSAGES, OR NEWSLETTERS AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY.
- B. Display or publication of any Participant Materials on a Sponsor’s website does not indicate the participant will be selected as a Finalist or Grand Prize winner. Except where prohibited by law, participation in the Challenge constitutes permission for Sponsor and their designees to use Organization’s name, as well as Captain’s name, hometown, likeness, statements and other personally identifiable information about Captain for promotional, advertising and marketing purposes in any media throughout the world without prize, incentive, consideration, consent or review; and upon request, Captain (and perhaps other representative(s) of Organization) will provide written consent to such use. The Organizations also agree that Sponsor shall have the right and permission to use (unless prohibited by law) each individual name, voice, address (city and state of residence), photograph, biographical information and/or other likeness of each Organization employee or other participant identified in an Entry or Video, for advertising, promotional or any other purpose in any and all media or format now known or hereafter devised throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification to participants or any third parties.
C. IF AT ANY TIME DURING THE COMPETITION ENTRY PERIOD OR AT ANY TIME THEREAFTER, SPONSOR DETERMINES THAT NOT ENOUGH OR NO ELIGIBLE ENTRIES EXIST FROM WHICH TO DETERMINE THE WINNERS, THEN SPONSOR MAY IN ITS SOLE AND EXCLUSIVE DISCRETION DETERMINE THAT NOT ENOUGH OR NO ELIGIBLE ENTRIES EXIST, AND THEN MAY EITHER SUSPEND OR TERMINATE THE CONTEST OR MODIFY IT (OR ANY PARTS THEREOF) IN ANY EQUITABLE MANNER THAT SPONSOR DEEMS APPROPRIATE IN ITS SOLE AND EXCLUSIVE DISCRETION, INCLUDING, WITHOUT LIMITATION, BY NOT AWARDING ANY ONE OR MORE OF THE PRIZING SET FORTH IN THESE OFFICIAL RULES.
X. FINALISTS’ DISCLOSURE OF MATERIAL CONNECTION: Captain, on behalf of him/herself and Organization represents and warrants that ALL content created by the Finalist in participating in the Final Round of the Challenge (including but not limited to Finalist Video) will clearly and conspicuously disclose that a material connection exists between the Organization, and Klaviyo. Specifically, that the Finalist received a Finalist Prize and will receive a Grand Prize from Sponsor in the Challenge in conjunction with its creation and posting of Finalist Video.
Sponsor reserves the right to audit the manner in which winning Organization is using donated monies received winning a Grand Prize in the Challenge; and, should Sponsor determine in their sole discretion that winning Organization is misusing such donated monies, by, for example, in support of activities that are inconsistent with the positive images and/or goodwill to which the Released Parties wish to associate. In this case, Sponsor may require Organization to return such donated monies.
No transfer, assignment or substitution of a prize may be made, except by the Sponsor, who reserve the right to substitute the prize with another prize of comparable or greater value if the intended prize/prize component is not available for any reason as determined by the Sponsor in their sole discretion. All prize winners are responsible for all federal, state and local taxes arising from receipt, acceptance or use of any prize. The U.S. winner of any prize above the IRS threshold, currently $600, will be required to complete an IRS Form W-9, which requires disclosure of winner’s employer ID number, and an IRS Form 1099 reflecting the value of the prize will be issued to the winner as required by law. All prizes must be accepted “as is,” and no warrantees will be provided by Sponsor.
XII. GENERAL CONDITIONS / RELEASE: Entries must not disclose any confidential information, trade secrets or patentable subject matter at any stage of the Competition.
Entrants are solely responsible for protecting their rights or the rights of third parties in any intellectual property disclosed in your Participant Materials. Entrants hereby represent and warrant that they have sufficient rights in any third-party intellectual property contained in the Participant Materials in order to grant the licenses set forth in these Official Rules.
By entering the Challenge, Captain (on behalf of him/herself and Organization) (a) releases, discharges and holds harmless Sponsor, and its respective directors, officers, agents and employees (collectively the “Released Parties”) from any and all liability for any claims, costs, injuries, losses or damages of any kind arising out of the Organization’s participation in the Challenge or Challenge-related activities and the acceptance of any prize awarded hereunder, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of prizes; and (b) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prizes including, but not limited to prize quality or availability. Neither Released Parties nor any service providers are responsible for lost, incomplete, illegible, late, damaged, inaccurate, misdirected, garbled, or undelivered entries or email; miscommunications, failed computer hardware or software or technical failures; printing, typographical or other errors appearing within the Official Rules, in any Competition-related advertisements or other materials; or other errors or problems of any kind relating to or in connection with the Competition, including, without limitation, errors or problems which may occur in connection with the administration of the Competition related to scheduling, the processing of entries, mail or e-mail and/or the announcement of the prize, or any injury or damage to participants’ or any other persons’ computers related to or resulting from participation, or uploading or downloading of any materials related to this Competition. The Competition materials are provided to participants by Sponsors solely to facilitate participation in the Competition on an AS IS basis without warranties of any kind.
CAUTION: ANY ATTEMPT TO DELIBERATELY TAMPER WITH THE ENTRY PROCESS (INCLUDING FINALIST REGISTRATION PROCESS, AS APPLICABLE), OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE, OR TO DEFRAUD SPONSOR IN ANY WAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Use of any automated system to participate is prohibited and will result in disqualification. Submitted content that is incomplete or corrupted is void. Sponsor is not liable or responsible for late, invalid or misdirected content that is submitted, all of which will be disqualified. FOR THE AVOIDANCE OF DOUBT, CAPTAIN/ORGANIZATION (NOT THE RELEASED PARTIES) IS SOLELY RESPONSIBLE FOR SUBMITTING CONTENT IN CONJUNCTION WITH PARTICIPATION IN THE CHALLENGE. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Challenge is not capable of being executed as planned, tampering, unauthorized intervention, fraud, technical failures or any other causes which in the opinion of Sponsor, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Challenge, Sponsor reserves the right at its sole discretion to void content submitted on behalf of Organizations and to cancel, terminate, modify or suspend the Challenge (or any portion thereof) for any reason. In the event of any cancellation, termination or suspension, Captains/Organizations (or Finalists, as the case may be) will be notified thereof and the selection of Finalists (or the Grand Prizes won by Finalists, as the case may be) will be made in a manner determined by Sponsor, in their sole discretion, to be fair, appropriate and consistent with these Official Rules.
XIII. GOVERNING LAW/JURISDICTION/DISPUTES: Captain, on behalf of him/herself and the corresponding Organization, agrees that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Challenge or the award of prizes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or the appropriate Massachusetts State Court located in Suffolk County, Massachusetts; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge but in no event attorneys’ fees; and (c) under no circumstances will Captain/Organization be permitted to obtain awards for, and Captain/Organization hereby waive all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS 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, Captain/ Organization’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Commonwealth of Massachusetts.
XV. WINNERS: Names of winning Organizations will be posted on the Final Video Site for the Challenge after the end of the Challenge.
XVI. TRADEMARKS: Klaviyo and its associated logo is a trademark of Klaviyo, Inc. Other company, product, or service names may be trademarks or service marks of others.