Sizzling Summer Pipeline Contest Terms and Conditions

  1. Eligibility: The “Sizzling Summer Pipeline Contest” (“Contest”) is open to all Klaviyo Agency Partners. This Contest is subject to local laws and regulations and void where prohibited by law. Klaviyo’s employees, employees of its subsidiaries, affiliates, suppliers, advertising and promotion agencies, directors, and employees of state owned entities are ineligible to participate in the Contest.
  1. Sponsorship: The sponsor of the Contest is Klaviyo, Inc. (“Sponsor” or “Klaviyo”), located at 125 Summer St Floor 7, Boston, MA 02111. Sponsor will conduct the Contest substantially as described in these official rules (“Official Rules”).
  1. Agreement to Official Rules: By entering this Contest, the entrant (“You”) agrees to abide by and be subject to these Official Rules and Sponsor’s decisions, which are fully and unconditionally binding  in all respects. The Sponsor reserves the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering this Contest, You represent and warrant that You are eligible to participate based on eligibility requirements explained in these Official Rules. You also agree to accept the decisions of the Sponsor as final and binding as it relates to this Contest.
  1. Contest Entry Period: This Contest begins on July 1, 2024, at 12am BST and ends on September 30, 2024, at 11.59pm BST (“Contest Entry Period”). To be eligible for  the Contest, entries must be received within the specified Entry Period.
  1. How to Enter: Eligible entrants can enter the Contest by referring a sales prospect (“Lead(s)”) to Klaviyo via the Partner Portal (either via registration of the Lead in the Partner Portal, or the Lead is referred via the Partner’s unique affiliate referral link), during the Contest Entry Period. 

    An entry is determined to be eligible if it satisfies the following eligibility criteria (“Entry”): 

    (i) The Lead is for Klaviyo’s SMS product in France; 

    (ii) Leads must to be referred and registered via the Partner Portal within the Contest Entry Period; an

    (iii) Leads must be accepted by a Klaviyo Partner Manager and converted into a workable opportunity in Klaviyo’s CRM by 30th September, 2024
  1. Entries. Multiple entries are permitted. As a participant, your Entry must fully meet all Contest requirements, as specified in the Official Rules, in order to be eligible to win a prize. Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Sponsor’s sole discretion.

  2. Conditions and Code of Conduct for Entry: By entering this Contest, You represent and warrant (i) to comply with all applicable local laws and regulations by entering this Contest; (ii) that, except for the information necessary for Entry, You will not share any other content, information, pictures, details etc. as part of your Entry.
  1. Selection of Winners: The Sponsor will select the top three Agency Partners whose referred Leads generated the highest Monthly Recurring Revenue (MRR) to Klaviyo during the Contest Entry Period (each a “Winner (s)”). The detailed criteria to determine the Winners will be as follows: 

    (i) Compile a list of all eligible Entries within the Contest Entry Period; 

    (ii) Confirm the Lead has been converted into a workable opportunity in Klaviyo’s CRM  and has a projected close date on or before December, 31, 2024; 

    (iii) Identify the top three Agency Partners whose referred Leads generated the highest MRR for Klaviyo.

    In the event of a tie, the Agency Partner with the highest number of eligible entries as determined by the Sponsor will be awarded the Prize.
  1. Prizes: The top three Winners will receive one of the following prizes in the following order (altogether as “Prizes”):

    (i) First Prize: VIP package to Disneyland Paris worth €5000; 

    (ii) Second Prize: Restaurant voucher for your team worth €3000; 

    (iii) Third Prize: Klaviyo x Agency Partner co-branded foosball table worth €1000. 

    The total value of the prizes is €9000.The actual/appraised Prize value may differ at the time the Prize is awarded. The Prize(s) shall be determined solely by the Sponsor.

    No transfer, assignment or substitution of a Prize shall be made for cash or any other prize, except by Sponsor, who reserves the right to substitute the Prize with another prize of comparable or greater value if the intended Prize is not available for any reason as determined by Sponsor in its sole discretion. Sponsor is not responsible and will not replace if any Prize is lost, stolen, destroyed, or used without permission. All Prize winners are responsible for all applicable taxes arising from receipt, acceptance or use of any prize, Sponsor will not be responsible for any tax deductions which may be necessary and Sponsor reserves the right to withhold taxes as required by law. All prizes must be accepted “as is,” and no warranties will be provided by the Sponsor.
  1. Notification of Winner: The Sponsor will notify the Winners by reaching out to the Winners on 15th of October  via the email address specified in Partners Partner Portal Account. By entering into the Contest, You provide consent for Sponsor to contact you via SMS and/or email to seek your details to ship or hand over the Prize. Sponsor shall not be liable for the Winner’s provision of incorrect or otherwise non-functioning shipping information or contact details. If the Winner fails to accept the Prize and provide information for duly receiving the Prize within 30 days from the time they were notified or if the Winner is found ineligible, the Prize may be forfeited and an alternate Winner may be selected. 

    Receipt of the Prize Contest by the Winner is upon the condition of compliance with any and all applicable laws and regulations. IF THE WINNER VIOLATES ANY OF THESE OFFICIAL RULES, THE WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

  2. Rights Granted by You: By submitting an entry into this Contest or Contest, You understand and agree that the Sponsor, any individual acting on  the Sponsor’s behalf, and the licensees successors, and assigns of the Sponsor shall, where permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your responses, name, photo, portrait, voice, likeness, image, statements about the Contest, and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration. In addition, You shall, at your own expense and subject to the terms of these Official Rules indemnify, defend and hold Sponsor harmless from and against any claim(s) brought against Sponsor by a third party alleging that the Entry submitted by you or any portion thereof as used within the scope of the licenses granted to Sponsor under these Official Rules infringes any copyrights, patents, violates any trade secrets or any other intellectual property rights of a third party. 

  3. General Conditions and Release: Entries must not disclose any confidential information, trade secrets, patentable subject matter, any account information or personal data at any stage of the Contest. By entering the Contest, You (a) release, discharge and hold 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 your participation in the Contest or related activities, and the acceptance of any Prize awarded hereunder, including any violation of these Official Rules and the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of Prizes; and (b) acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any product liability, warranty, representation or guarantee, expressed or implied, in fact or in law, related to the Prizes including, but not limited to, Prize quality, its performance, or availability. Neither the Released Parties nor any service providers of the Released Parties 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 Contest  related advertisements or other materials; or other errors or problems of any kind relating to or in connection with the Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest related to scheduling, the processing of entries, mail or e-mail and/or the announcement of the prize, or any injury or damage to You or any other persons’ computers or equipment related to or resulting from participation, or uploading or downloading of any materials related to this Contest. Any materials provided to participants by Sponsors solely to facilitate participation in the Contest on an AS IS basis without warranties of any kind.

    ANY ATTEMPT TO DELIBERATELY TAMPER WITH THE ENTRY PROCESS OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 in the Contest is prohibited and will result in disqualification. Submitted Entry 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.

    Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term or provision. If for any reason the Contest is not capable of being executed as planned, tampering, unauthorized intervention, fraud, technical failures or any other causes which in the opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to void content submitted on your behalf and to cancel, terminate, modify or suspend the Contest (or any portion thereof) for any reason. In the event of any cancellation, termination or suspension, You will be notified thereof and the selection of Winners will be made in a manner determined by Sponsor, in its sole discretion, to be fair, appropriate and consistent with these Official Rules.

  4. Disputes: You agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest 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 Contest but in no event attorneys’ fees; and (c) under no circumstances will You be permitted to obtain awards for, and You 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, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, 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.

  5. Privacy Policy: You acknowledge that any information that can be used to uniquely identify, contact, or locate a particular person or can be used with other sources to uniquely identify a particular person (“Personally Identifiable Information”) collected by Sponsor shall be subject to Sponsor’s privacy policy located at https://www.klaviyo.com/privacy.  You acknowledge and agree that Sponsor shall be authorized to use any Personally Identifiable Information collected for any marketing or promotional purposes.