Going Above and Beyond Giveaway: Terms & Conditions

FLIR ABOVE AND BEYOND PRIZE DRAW PROMOTIONAL GAME

FLIR Systems

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the eligible countries listed on the Game landing page. The Prize Draw Game begins on 4 January 2021 at 01:00 am British time and ends at 12:00 am on 31 March 2021 British time (the “Game Period”). Sponsor’s computer is the official time keeping device for this Game. THIS GAME IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC., TWITTER, INC., OR INSTAGRAM, INC.

1. ELIGIBILITY: The FLIR Above and Beyond Prize Draw (the “Game”) is open to legal citizens currently residing in the countries listed on the Game Landing Page (EU + Norway, Switzerland and United Kingdom) who are at least 18 years old as of the date of the Game entry. FLIR Systems, Inc. (“Sponsor”), its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers and each of their employees, officers, and directors (collectively, the “Game Entities”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes participant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Game and which Sponsor may decide in sole discretion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. SPONSOR: FLIR Systems Ltd, 2 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME194AQ

3. HOW TO ENTER: During the Game Period, go to the Going Above and Beyond Prize Draw entry page and follow the instructions to enter. You must provide all required information to be eligible to enter and win. By entering, you agree that Sponsor may contact you via email or social media by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.

Limit one (1) entry per person. ADDITIONAL ENTRIES MAY BE DISQUALIFIED. By entering this Game, you signify and agree that your entry and any other materials you submit in connection with this Game (together, the “Entry Submission” or the “Submission”) may be posted on Sponsor’s website and/or other social media sites or applications associated with the Game in a manner that is consistent with these Official Rules. All potential winners are subject to verification before any prize will be awarded.

Each participant warrants and represents that his/her entry complies with these Official Rules and the requirements above, any applicable community guidelines, terms of use, and any other binding terms on the platform(s) used to enter the Game, and will not violate any federal, state or local laws or ordinances. Entries that violate any Entry Submission requirements and/or the terms of these Official Rules will be disqualified. The Game Entities reserve the right in their sole and unfettered discretion to disqualify any Entry Submission that they believe is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Game.

Automated or bulk entries or entries submitted by third parties may be disqualified. Entries must be submitted by the participant. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, registrations, logins, or any other methods will disqualify that participant’s entries, and that participant and/or entries may be disqualified. Multiple participants are not permitted to share the same email account. In the event of a dispute as to any registration, the authorized account holder of the email address associated with the pertinent social media account will be deemed to be the participant. 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. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Incomplete or untimely entries will be disqualified.

4. ELIGIBILITY TO WIN THE PRIZE: To be eligible to win the prize, you need to provide the correct answer to all of the questions displayed on the Game landing page. These questions are of a technical nature (related to FLIR products generally) and may consist of multiple-choice questions or open questions or a combination of both. All participants who provided a correct answer to all of the questions (to be determined in Sponsor’s sole discretion) will be eligible to participate in the Prize draw as set forth in section 5.

5. SELECTION OF WINNERS: On or about 05 April 2021, Sponsor will post the correct results, and will select the name of the prize winner in a random drawing from among all participants who answered all questions correctly. Hence, the odds of winning are based on the number of correct replies received. The winner will be notified via the email address that the potential winner used to enter and/or email on or about 09 April 2021.

If the first selected winner cannot be contacted after the first attempt to contact him/her, or if he/she fails to respond to the potential winner notification within seventy-two (72) hours, or sign and return any documentation that Sponsor or regulatory authorities may require for the prize within any time period that Sponsor may specify, or in the event that said winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible participants. Time permitting, only two (2) alternate drawings will be held, after which any remaining prizes will remain un-awarded.

Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GAME. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

5. PRIZES: Prize(s): There will be one (1) prize package awarded in total. The prize package consists of:

• (1) FLIR K55, Approximate Retail Value (“ARV”) of the Prize: €5,299.00 / £4,800.00
• (3) FLIR K2, Approximate Retail Value (“ARV”) of the Prize: €1,399.00 / £1,267 each
• (1) FLIR K1, Approximate Retail Value (“ARV”) of the Prize: €   599 / £543.00
• (1) FLIR Scion Thermal Monocular, the Sponsor will select specific model at the time of drawing. Approximate Retail Value (“ARV”) of the Prize: €2,300.00 / £2,049.

PRIZE RESTRICTIONS: Any and all applicable taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions. Sponsor will not replace any lost or stolen prizes or components of a prize. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Game. If, by reason of a technical, print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. The prize may be subject to export regulations by the United States or other governments. The winner agrees that it will comply with any such laws or regulations regarding the prize, including, without limitation, the U.S. Arms Export Control Act and the International Traffic in Arms Regulations.

6. GENERAL CONDITIONS: Participation constitutes participant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Game. Sponsor, and its agencies are not responsible for late, incomplete, or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, telephone transmission problems, or garbled transmissions or miscommunications; computer or software malfunctions, or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of the Game; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.

Sponsor reserves the right to cancel, suspend and/or modify the Game, or any part of it, if any fraud, technical failures, government restriction, or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Game, as determined by Sponsor. If, for any reason, the Game cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Game and modify the Game to address the impairment, then resume the Game in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

7. LIMITATION OF LIABILITY AND RELEASES; PUBLICITY: BY PARTICIPATING IN THIS GAME, PARTICIPANT AGREES THAT GAME ENTITIES, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS GAME OR IN ANY GAME-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE GAME CONSTITUTES PARTICIPANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE PARTICIPANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. THE DURATION OF SUCH CONSENT IS FOR A PERIOD OF 3 YEARS FOLLOWING THE CLOSURE OF THE GAME.

BY SUBMITTING AN ENTRY, PARTICIPANT AGREES THAT SUCH SUBMISSION, INCLUDING ANY COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS THAT PARTICIPANT MAY SUBMIT TO SPONSOR OR POST TO A SOCIAL MEDIA PLATFORM IN CONNECTION WITH THIS GAME, INCLUDING ALL RIGHTS EMBODIED THEREIN, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS DEFINED IN SPONSOR’S PRIVACY POLICY, AVAILABLE AT HTTPS://WWW.FLIR.COM/CORPORATE/PRIVACY-POLICY/, SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS AND SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSIONS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO PARTICIPANT OR ANY THIRD-PARTY. PARTICIPANT HEREBY GRANTS TO THE SPONSOR AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN IRREVOCABLE, AND WORLD-WIDE LICENSE TO USE IN PERPETUITY THE SUBMISSIONS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSIONS PARTICIPANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. PARTICIPANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE SUBMISSIONS, AND AGREES THAT IF SPONSOR ELECTS TO USE SUBMISSIONS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO PARTICIPANT’S SUBMISSIONS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. PARTICIPANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE PARTICIPANT’S SUBMISSIONS, PARTICIPANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE SUBMISSIONS CAUSES IT TO BE LIABLE TO ANY THIRD-PARTY, PARTICIPANT AGREES TO INDEMNIFY GAME ENTITIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSIONS. SUBMISSIONS WILL NOT BE RETURNED TO PARTICIPANTS.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GAME, INCLUDING 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 MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. DISPUTES. This Game is governed by the laws of the United Kingdom. Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Game or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of the United Kingdom; and under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, 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. All issues and question concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Game, shall be governed by, and construed in accordance with, the laws of the United Kingdom, without giving effect to any choice of law or conflict of law rules (whether of the State of State or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the United Kingdom.

9. PRIVACY: Information collected from participants is subject to the Sponsor’s Privacy Policy, which can be found at https://www.flir.com/corporate/privacy-policy/. Game Entities may use participants’ and/or referrals’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest, and ultimately generate interest and sales of the Giveaway FLIR product. Such information will include your name and first name as an independent business owner or as the contact person of your employing company, current country of residence, nationality, email address, and any other information you provide on a voluntary basis, as collected or obtained from the registration or reply submission process or from participation in the Game. The legal basis of the processing of your personal information our legitimate interest to organize the Game. Your personal data will be transferred outside the EEA. The registration and reply submission form and the personal data it contains is kept for one (1) full year, after which it will be deleted. All participants and winners have the right to request access to the personal information kept by Sponsor or to obtain deletion or correction of inaccurate data, or to object to processing in accordance with applicable data privacy legislation and a more extensively set forth in FLIR’s Privacy Policy. You also file a complaint at the relevant Supervisory Authority of your country of residence.

10. Nature of Relationship/Waiver of Equitable Relief: Each participant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each participant also acknowledges that many ideas may be competitive with, similar or identical to the Submissions and/or each other in theme, idea, format or other respects. Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each participant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submissions. Finally, each participant acknowledges that, with respect to any claim by participant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submissions or other material submitted in connection with the Game, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submissions or any material based on or allegedly based on the Submissions, and the participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

11. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit: Going Above and Beyond Prize Draw entry page

For a list of winners, available after 09 April 2021, email [email protected].

Copyright © 2020 FLIR Systems, Inc. All rights reserved.