Terms & Conditions

2016 Avaya Small Business Innovators Contest (“Contest”)

OFFICIAL RULES & CONDITIONS


NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Void outside US, Germany, Canada, UK, France and Where Prohibited.

Eligibility: This Contest is open to businesses that are legally registered in the United States, Germany, Canada (excluding Quebec), United Kingdom, France, which are located in the United States, Germany, Canada (excluding Quebec), United Kingdom, or France on date of entry (“Eligible Business”) and are not current Avaya customers through a designated representative of the Eligible Business who is an employee with authority to act on behalf of Eligible Business located in the United States, Germany, Canada (except Quebec), United Kingdom, or France (“Authorized Representative”). Void in Quebec; outside United States, Germany, Canada, United Kingdom, and France; and where prohibited by law. Sponsor, parent, subsidiaries, and advertising and promotional agencies and businesses owned by the immediate family members (parent, child, sibling and spouse of each) and persons living in the same household of each are not eligible to participate.

Contest Description: The Contest invites Authorized Representatives of Eligible Businesses to fill out the Avaya IP Office ROI tool and send the PDF document generated of the output results. Authorized Representatives will then complete a form stating how their business would spend the potential ROI savings, if any, over the next five years to innovate and better serve their customers, staff and suppliers. Those who enter the Contest by August 30, 2011 at 11:59:59 p.m. U.S. Eastern Time (“ET”), (“Entry End Date”) and are in compliance with the entry process shall be considered a Participant (“Participant”).

This Contest is administered by Spear One, 14881 Quorum Drive, Suite 700, Dallas, Texas 75254 (“Administrator”) on behalf of Avaya Inc., 211 Mount Airy Road, Basking Ridge, NJ 07920-2311 (“Sponsor”). The Administrator is responsible for all obligations and liabilities that arise under this Contest.

How To Enter Contest:

1.) ROI Results and Entry Submission:

  • Contest begins at 12:00:00 a.m. ET on May 17, 2011 and ends at 11:59:59 p.m. ET on August 30, 2011 (“Contest Period”)
  • Visit http://avayasbicontest.com/apply-now/ and accurately input the required information in the Avaya IP Office ROI Tool and generate the output (“ROI Report”).
  • Visit the dedicated contest splash page at http://www.avayasbicontest.com, (“Contest Site”) to follow the Contest Submission Instructions. The Contest Site will act as the host site, but there will also be a link from www.avayasbicontest.com. A Participant is required to read and agree to Contest Terms & Conditions which will be posted on the Contest Site.
  • Create an original story or statement that describes how you would spend the estimated savings indicated in the ROI report over the next five years to innovate how you serve your customers, staff and suppliers (“Story”). Story must be at least 100 words and no more than 250 words, must be in English and must be typed into the text form on the Contest Site. Entries must include Story and ROI Report (“Entry”) to be eligible.
  • Entries must be submitted by uploading them through the Contest Site in the designated area.
  • All entries will be judged separately. Entries must be received by no later than August 30, 2011 at 11:59:59 p.m. ET to be eligible for judging. Sponsor’s computer is the official time clock for the Contest. Sponsor is not liable for any disputes between collaborators related to a submission.
  • LIMIT: One (1) Story submission per Authorized Representative per Eligible Business during the Contest Period. By completing the registration and submitting a Story, the Participant agrees that the Story conforms to the Content Restrictions as defined below as well as the Contest Terms and Conditions (collectively, the “Guidelines and Restrictions”) and that the Sponsor, in its sole discretion, may disqualify the submission at any time if it believes that the Story fails to conform to the Guidelines and Restrictions in any way, fails to conform to the Terms of Use, or otherwise contains prohibited, inappropriate, offensive, infringing or otherwise unacceptable information as determined by Sponsor.
  • By pushing the submit button on the website, you certify that you are an Authorized Representative entering on behalf of an Eligible Business and have read and agree with the Official Contest Rules and understand that you may be required to sign other documents as listed in the Conditions and Terms of Submissions sections of these Official Contest Rules.
  • Participants must save their ROI Report PDF and a copy of their original Story after uploading it to the Contest Site;
  • Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion.

The Sponsor assumes no responsibility for lost, late, misdirected or damaged entries, including entries that may be delayed in transmission. No incomplete, illegible or otherwise invalid entries will be accepted. Successfully submitting a Story to the Contest Site is not verification that the Story is an eligible Story (as defined above).

Story Entry Guidelines: To be eligible, the story must be submitted in accordance with the online instructions and meet the following guidelines:

  • The Story must be the original work of the Participant; may not have won previous awards; may not have been published previously by any other entity, including in any other creative work or on the internet;
  • The Story must be at least 100 words and no more than 250 words;
  • The Story must be an accurate assessment (i.e. within 10% of the estimated savings, if any, indicated in the ROI Report) of the participant’s ROI as judged by Sponsor and its delegates;
  • The Story must be in English;
  • Entries uploaded through the Website must comply with the posting requirements set forth above and as posted on the Website.

Content Restrictions: The Story cannot:

  • Violate or infringe another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement;
  • Contain music, photos or artwork not created by entrant;
  • Contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous;
  • Contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Contain material that is unlawful, in violation of or contrary to the laws or regulations of the Participant’s company or organization’s privacy policy;
  • Defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
  • Communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
  • Depict, and cannot itself, be in violation of any law.
  • 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;
  • Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Entry and grant the rights herein granted to Sponsor;
  • Contain background artwork unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Entries must be created solely by the Participant or Participant must be the sole owner of all copyright interests therein;
  • Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.

Terms Of Submissions: By submitting a Story, a Participant warrants and represents that: (a) it is the Participant’s original work and has been legally created; (b) it has not been previously published or distributed in any media; (c) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (d) that you have obtained permission from any person whose name or likeness is used in the Story and that such person is 18 years of age or older – PERSONS UNDER THE AGE OF 18 MAY NOT BE MENTIONED OR APPEAR IN A STORY; (e) Participant’s company or organization owns all rights to the Story, including without limitation, copyrights, and, that the Participant has received prior written permission from the writer of the Story if the Story entry was created by someone other than the Participant him/herself; (f) publication of the Story via various media including Web posting, will not infringe on any third party rights; and (g) Participant will indemnify and hold harmless the Sponsor from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of Participant’s representations and warranties herein, Participant’s Story, or Participant’s conduct in creating the Story or otherwise in connection with this Contest. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to any judging or voting period.

By submitting a Contest Story, Participant hereby agrees to grant Sponsor and its agents an unlimited, worldwide, perpetual, non-exclusive license and right to publish, use, or publicly perform the Contest Entry in any way, in any and all media, without limitation, and without any consideration to you. Contest Participants further grant Sponsor and its agents the right to use the Contest Participant’s business name in connection with the Contest Entry for advertising, marketing or promotional purposes in connection with this Promotion. By accepting a Contest prize, Participant agree that its Story will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then Participant agrees to irrevocably assign and transfer to Sponsor all of its right, title and interest in and to the Story, including, all but not limited to all, copyright and trademark rights which Participant may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Participant hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that you may now or later have to its Story. Sponsor reserves the right to alter, change or modify the winning Stories, in its sole discretion. Upon request of Sponsor, Participant shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Story and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Upon Sponsor’s request, each potential winner must provide executed personal releases and/or licenses and/or assignments from (1) Authorized Representative and all other persons who appear in the Story submitted, and/or (2) the copyright owner of any copyrighted material that appears in the Story entry, authorizing use of the Story in Sponsor’s and Sponsor’s designees’ editorial publications, advertising, marketing and promotions in any and all media now known or hereafter known throughout the world in perpetuity, without additional compensation, permission or notification, unless prohibited by law. All releases must be in the form provided by Sponsor. Potential winner must provide fully completed documentation, an affidavit of eligibility and release of liability within five (5) days of the date notice or attempted notice is sent. Failure to provide such documentation upon request may result in disqualification and the potential winner whose Story receives the next highest score may be deemed the alternate potential winner for the applicable prize.

Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible, garbled, delayed, inaccurate or misdirected Stories, Stories not uploaded in accordance with instructions, or Stories not received for any reason; all of which will be disqualified. Sponsor reserves the right to, but is not obligated to, monitor/screen entries prior to posting them to the Contest Site. By entering, you acknowledge that Sponsor has no obligation to use or post your submitted Story. BY SUBMITTING AN ENTRY, PARTICIPANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE USED BY THE SPONSOR ON OTHER WEBSITE(S) AUTHORIZED BY SPONSOR FOR THE CONTEST, AT SPONSOR’S DISCRETION AND CAN BE VIEWED BY OTHER WEBSITE USERS.

By submitting an Entry, Participant agrees that his or her submission is gratuitous and made without restriction, and will not place Sponsor under any obligation that Sponsor is free to disclose or otherwise disclose the ideas contained in the Story on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. Participant acknowledges that, by acceptance of his or her submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than Participant. This Contest may be cancelled in the event an insufficient number of qualified Entries are received that meet the minimum standards established by the Judges. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Participants.

Certain Stories may be featured from time to time on the Sponsor’s Web site or in advertising during the Contest Period, in Sponsor’s sole discretion.

ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.

Selection of Winners: The first one hundred (100) Participants to submit an eligible Entry will be deemed entry prize (“Entry Prize”) winners, subject to verification. All eligible Entries submitted and received during the Contest Entry Period will be evaluated beginning 9:00 AM ET September 1, 2011 and ending at 9AM ET on September 15, 2011 by a panel of independent Judges (the “Judges”). The judging criteria will be based on the following equally weighted criteria: 1) Creativity 2) Originality (“Judging Criteria”). Judges will select the top ten (10) Entries, based upon the Judging Criteria, and those Entries will be deemed finalists (“Finalists). In the event of a tie, the tie breaker will be based upon the highest score in the first Judging Criteria, continuing thereafter to the second Judging Criteria, as needed, to break the tie. Judges’ decisions are final in all matter relating to this Contest. The ten Finalists’ Stories will be posted on the Sponsor’s contest Facebook page at www.facebook.com/Avayasmallbiz for public voting through the Involver platform where voters will vote for the Finalist with the most innovative Story. The voting period begins at 9:00 AM ET on September 19, 2011 and ends at 11:59:59 PM ET on October 21, 2011 (“Voting Period”). The Finalist whose story receives the highest total number of votes during the Voting Period will be deemed the Grand Prize Winner, subject to verification and the eligibility requirements set forth herein. The five (5) Finalists whose Stories receive the largest number of votes, after selection of the Grand Prize Winner, will be deemed Second Prize Winners, subject to verification and the eligibility requirements set forth herein. In the event of a tie for any prize, the tied Stories will be judged by an independent judging panel based on the above Judging Criteria. If a tie remains, the tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter, as needed, to break the tie. Judges’ decisions are final in all matter relating to the Contest.

Prizes: One (1) Grand Prize: $50,000 in merchandise credit toward the purchase of select Avaya IP Office and related products picked at Sponsor’s discretion through an Authorized Avaya Partner (“Credit”), and a $5,000 USD (3,513 EUR/ 3,079 GBP/ 4,829 CAD) American Express Gift Card subject to the terms stated thereon. Credit must be used within 1 year from acceptance by Grand Prize winner unless prohibited by law in winner’s country. Approximate Retail Value (“ARV”) $55,000 USD/ 38,013 EUR/ 33,835 GBP/ 52,914 CAD. Five (5) Second Prizes: $10,000 Credit toward the purchase of select Avaya IP Office and related products picked at Sponsor’s discretion through an Authorized Avaya Partner. Credit must be used within 1 year from acceptance by Second Prize winners unless prohibited by law in winners’ country. ARV $10,000 USD/ 6,912 EUR/ 6,154 GBP/ 9,622 CAD. One Hundred (100) Entry Prizes: Avaya jackets with built-in iPod headset. ARV $50 USD each. ARV $50 USD/ 35 EUR/ 31 GBP/ 48 CAD. The ARV of the total prize pool is $110,000 USD/ 77,921 EUR/ 67,936 GBP/ 106,555 CAD. Prizes consist of only those items specifically listed as part of the prize. Odds of winning Entry Prize will be determined by the total number of qualified entries received. Limit one prize per Eligible Business. Prizes are not transferable. There will be no cash or substitutions of prize(s) except that Sponsor reserves the right to substitute any prizes of equal or greater value in the event that prize(s) are unavailable for any reason.

Conditions: Potential winners may be required to have an Authorized Representative sign an Affidavit of Eligibility and a Liability/Publicity Release, which must be received by Sponsor’s agent within fourteen (14) days after the date of attempted notification, or prize will be forfeited and awarded to an alternate selection. Return of any prize notification or prize as undeliverable will result in disqualification and an alternate winner will be selected. As a condition of entering, entrants agree (and agree to confirm in writing), to the extent permissible by law: (a) to release Sponsor, its affiliates, subsidiaries, retailers, sales representatives, distributors and the advertising, marketing and promotional agencies involved in the development, administration and execution of this Contest, and each of their officers, directors, employees and agents (“Promotional Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or the use of the Story by Sponsor, (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. By entering this Contest, winners consent to the use of their business name for advertising and promotional purposes for no additional compensation unless prohibited by law. Prize will be awarded only to an address within the United States, Germany, United Kingdom, Canada (excluding Quebec), or France. Federal, government, state, provincial and local taxes on all prizes are the sole responsibility of the winner. Sponsor reserves the right, in its sole discretion to cancel or suspend this Contest, should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the game. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of New Jersey, United States, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in New Jersey, United States. Laws in a business Entrant’s country of registration may give the business the right to file claims before the courts of that country and may provide that some laws of that country are also applicable to this Contest. However, if any provision of the Official Rules or the application of any such provision to any person or circumstance shall be declared to be invalid, unenforceable or void, such decision shall not have the effect of invalidating or voiding the remainder of the Official Rules, it being the intent and agreement of the parties that the Official Rules shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting therefore another provision that is valid, legal and enforceable so as to materially give effect to Sponsor’s intent. If and to the extent that English law applies to this Contest, or to any dispute arising in connection with this Contest, nothing in these Official Rules shall in any way limit or exclude liability for or in connection with (a) fraud, or (b) death or personal injury caused by negligence.

Winners: For a list of all prize winners, send a self-addressed stamped envelope by November 1, 2011 to: Avaya Small Business Innovators Contest, 14881 Quorum Drive, Suite 700, Dallas, Texas 75254.

Questions: For questions regarding the contest, please email [email protected].

Contest Sponsored by: Avaya, 211 Mount Airy Road, Basking Ridge, NJ 07920-2311 (the “Sponsor”). (“Sponsor”)

Contest Administered by: Spear One. 14881 Quorum Drive, Suite 700, Dallas, Texas 75254.

© 2011 Avaya Inc. All Rights Reserved, Avaya, the Avaya Logo, and all trademarks identified by ®, TM or SM are registered trademarks, trademarks, or service marks of Avaya Inc, and may be registered in certain jurisdictions. All other trademarks are the property of their respective owners. References to Avaya include the Nortel Enterprise business, which was acquired as of December 18, 2009.