Commvault Sponsored – Giveaway for Valentine’s Day Instagram

Official Rules

Sponsor: Commvault Systems, Inc. (the “Company”).

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Who may enter/Sweepstakes Period. Sweepstakes open to Instagram users who are the age of majority in the jurisdiction in which they reside. Void where prohibited by law. Sweepstakes begins on 2/14 at 7M Eastern Time (“ET”) and ends on 2/14 at 8PM ET (the “Sweepstakes Period”).

Employees, officers and directors of the Company, its parent company, subsidiaries, affiliates, authorized agents, sales representatives, distributors, advertising and promotional agencies, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification.

IN ADDITION TO THE PARTIES LISTED ABOVE, THE FOLLOWING ARE NOT ELIGIBLE TO ENTER:

Employees, officers, representatives, board members agents, consultants or independent contractors of the
U.S. federal government or any U.S. state/local government.

By entering, you warrant and represent that: (a) neither your participation in this Sweepstakes nor your acceptance of a prize, if awarded to you, violates any rules, policies or guidelines of the company by which you are employed, nor any applicable federal, state or local law; (b) you are authorized to enter the Sweepstakes and accept a prize if awarded to you; and (c) your participation in the Sweepstakes is in your company’s best interests.

The Sweepstakes is subject to all applicable laws and regulations of the jurisdiction in which you reside. By participating, you agree to abide by, and be bound by, these Official Rules and the decisions of the Company, which shall be final and binding in all matters relating to the Sweepstakes.

2. How to enter. During the Sweepstakes Period, you may enter by:

Make sure you’re following us on Instagram @Commvault
Tell us in the comments why you love Commvault
Tag a colleague in your comment (and make sure they’re following @Commvault, too!)
If you are one of the first 25 comments to fulfill the requirements, we will contact you for shipping information to send you two pairs of socks!

Your properly completed and submitted comment and follow will constitute your “entry” in the Sweepstakes. Limit one (1) entry per person. Entries must contain all information requested, including but not limited to a fully completed post. Failure to comply will result in disqualification of your entry. Any attempt by any person to gainmultiple entries by use of automated devices or multiple identities will result in disqualification.Any entrant who, in the Company’s sole determination, attempts to enter multiple times in excess of the stated limit will be disqualified. No mechanically or electronically reproduced entries allowed. Entries become the property of the Company and will not be returned or acknowledged, except as provided herein.

If you choose to enter via a mobile device, STANDARD MESSAGE RATES AND DATA CHARGES APPLY. Please consult the terms and conditions of your individual service plan prior to participating via a mobile device. A mobile device is not required to enter the Contest.

3. Determination of Winner. On or about 2/18, the Company will identify the giveaway winners who were the first 25 to enter during the Sweepstakes Period to select the winner of the prize described in Rule 5, below.

4. Odds of winning. Odds of winning depend on the total number of eligible entries received.

5. Prize. Twenty-five (25) verified winners will receive the prize package which includes: 2 pairs of socks the Approximate Retail Value (“ARV”) of the prize is $15.

The prize consists only of the items described above. All other expenses in connection with the prize that are not listed above as being included in the prize will be the winner’s responsibility. Such expenses include, but are not limited to the following: ground transportation, lodging, meals, souvenirs and incidental expenses, including but not limited to incidental hotel expenses incurred by winner and/or guest.

Prize is non-transferable, not redeemable for cash and not exchangeable for any other prize at the request of the winner. Company reserves the right to award a substitute prize (or portion thereof) of equal or greater value if the advertised prize (or portion thereof) becomes unavailable for any reason. Winner assumes all liability for use of the prize, including but not limited to all travel related thereto. Passports and any other documentation required for travel to/from the conference are the responsibility of the winner and his/her guest.

The winner’s guest must be the age of majority in the jurisdiction in which s/he resides, subject to the following limited exception: guest may be a minor if s/he is the child or legal ward of the winner. Winner’s guest will be required to sign and return a Liability/Publicity Release as a condition of accompanying the winner. If guest is a permissible minor in accordance with these Official Rules, the winner must sign the release for the minor.

The prize will be awarded provided it is claimed properly in accordance with these Official Rules.

6. Claiming Prize. The Company will attempt to notify potential winner by DM, postal mail and/or email. If the potential winner cannot be reached after reasonable effort has been exerted, if he/she is found to be ineligible, or if he/she cannot or does not comply with these Official Rules, such person will be disqualified and an alternate potential winner will be selected in a random drawing from among all remaining entries.

As a condition of receiving the prize, the potential winner will be required to complete, sign and return an affidavit of eligibility, liability release and, where permitted, publicity release forms, and any required tax forms, within 30 days after being notified s/he has potentially won the prize. Acceptance of the prize constitutes permission to use such winner’s name, biographical information, voice and/or likeness for the Company’s promotional and/or advertising purposes in all media worldwide without notice or further compensation, unless legally prohibited or unless the winner has elected to opt out of such use. If for any reason a Winner is deemed ineligible, or does not complete and return the required documents, prize may be forfeited and an alternate winner will be selected from all remaining eligible entries.

7. Limitation of Liability. By entering, each entrant agrees to indemnify, release, defend and hold harmless the Sponsor, its parent company, affiliates, subsidiaries, authorized agents, sales representatives, distributors, and advertising and promotional agencies, and the respective officers, directors, shareholders, members, successors, agents, assigns and employees of each of the foregoing (collectively, the “Released Parties”) from and against any and all liability for damages or causes of action (however named or described), with respect to or arising out of: (i) entrant’s participation in the Sweepstakes; or (ii) the receipt, possession and/or use or misuse of the prize (if awarded to him/her), including but not limited to all related travel.

BY ENTERING, YOU AGREE, TO THE EXTENT ALLOWED BY APPLICABLE LAW, THAT IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THIS SWEEPSTAKES OR ACCEPTANCE OR USE/MISUSE OF ANY PRIZE (IF AWARDED TO YOU), INCLUDING BUT NOT LIMITED TO TRAVEL RELATED THERETO, PARTICIPATION IN PRIZE-RELATED ACTIVITIES, AND THE CONSUMPTION OF FOOD OR BEVERAGES (ALCOHOLIC AND NON-ALCOHOLIC). SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. General Conditions.The Released Parties are not responsible for: (i) electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, or not received by Company for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for deletion, theft or destruction of, unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network or software; (iv) causes beyond Company’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (v) any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified); (vi) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (vii) any typographical or other error in any printing or advertising relating to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement of the prize winner; (viii) damage to any person’s computer; or (ix) cheating or fraud by any participant.

If for any reason the Sweepstakes cannot be executed as planned, including but not limited to any printing, administrative, human or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Company that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes corrupted in any way, electronically or otherwise, Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes without notice. If the Sweepstakes is terminated prior to the stated end time/date of the Sweepstakes Period, the prize will be awarded in a random drawing from among all eligible, non-suspect entries received as of the time/date of termination.

Company reserves the right, in its sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or the operation of the Sweepstakes generally, or who acts in violation of these Official Rules. Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term.

CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY PERSON RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event of a dispute regarding the identity of an individual who submitted an entry, the entry will be deemed submitted by the person named on the entry.

By accepting the prize, winner acknowledges that the Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize or any portion thereof, including but not limited to its quality, mechanical condition or fitness for a particular purpose.

9. Entrants’ Privacy.Any personally identifiable information collected in connection with an entrant’s participation in this Sweepstakes will be used by Company, its affiliates, agents and marketers only for purposes of the proper administration and fulfillment of the Sweepstakes, as described in these Official Rules, and in any manner consistent with Company’s Privacy Policy, available at https://www.commvault.com/privacy-policy.

10. Disputes/Venue/Governing. By participating, entrants agree that: (i) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or the prizes shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in Monmouth County, New Jersey; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iii) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Company in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of New Jersey or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than New Jersey.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or made by any of the Released Parties, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

11. Severability. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

12. Taxes. All applicable income or other taxes on the prize, in accordance with the laws of the jurisdiction in which the winner resides, are the responsibility solely of the winner. If winner is a U.S. resident, s/he will be issued any IRS Form 1099 for the value of the prize. Winner will be required to provide Company with any documentation that may be required for Company’s tax reporting obligation. Winner is solely responsible for reporting and paying any and all applicable taxes.

Any valuation of the Prize stated above is based on available information provided to the Company at the time these Official Rules were published. Winner will not be compensated for any difference between the ARV and actual value of the prize at the time it is awarded.

13. Winner’s List. To receive the Winner’s name, send a stamped, self-addressed envelope, prior to the end of the Sweepstakes Period, to: Commvault Survey Sweepstakes, 1 Commvault Way, Tinton Falls, NJ 07724, Attn: Corporate Marketing.

14. Sponsor: Commvault Systems, Inc., 1 Commvault Way, Tinton Falls, NJ 07724