FreshBooks’ Client Referral Campaign Rules of Entry and Terms & Conditions

The FreshBooks Client Referral Campaign (the “Promotion”) is governed by these Official Rules, Terms, and Conditions (collectively, the “Official Rules”). The words “you,” “your,” and “entrant” as used herein refer to the natural person entering the Promotion or the natural person entering the Promotion on behalf of their company or organization (if applicable). The Promotion is subject to all federal, provincial, territorial, state, district, and local laws and regulations. 

1.  Eligibility.   The Promotion is open only to 1) legal residents of the United States of America and the District of Columbia (excluding all U.S. territories and possessions and all overseas military installations), who are over the legal age of majority in their state of residence at the time of entry, and 2) legal residents of Canada, (excluding Quebec), who are over the legal age of majority in their province or territory of residence at the time of entry. 

You are not eligible to enter the Promotion if you are: (a) the accounting professional that solely manages the client account (you are the exclusive individual responsible for all aspects of the client account); (b) an employee, officer, director, agent, representative or a mandatary of the Sponsor (as defined below), any of its corporate affiliates, subsidiaries, advertising or promotion agencies; (c) a member of the immediate family (defined as parents, children, siblings, spouse, and life partners, wherever they live) of an employee, officer, director, agent, representative or mandatary of the Sponsor; or (d) anyone who is domiciled in the household, whether related or not, of any employee, officer, director, agent, representative or mandatary of the Sponsor.

2. Sponsor.  The Promotion is sponsored by 2NDSITE, Inc. operating as FreshBooks, 225 King St W, Suite 1200, Toronto, Ontario M5V 3M2 Canada (the “Sponsor”). 

3.  Agreement to Official Rules.  By participating in the Promotion, you fully and unconditionally agree to these Official Rules and the decisions of Sponsor (which are final and binding) on both your own behalf and that of your company or organization (if applicable), and you represent and warrant that you have the authority to agree to these Official Rules on behalf of your company or organization (if applicable).  Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.

4.  Entry Period.  The Promotion’s entry period starts on August 15, 2024, at 12:00 AM Eastern Time (“ET”) and concludes on September 30, 2024, at midnight ET (the “Entry Period”). Entries submitted before or after the Entry Period will be disqualified. 

5. How to Enter. The Promotion is open to accounting professionals who: 

1. invite new clients who subscribe to FreshBooks through the Accountant Hub between August 15, 2024 – September 30, 2024 (the “Campaign Period”), or 
2. receive an invitation from a new FreshBooks client between August 15, 2024 – September 30, 2024 (the “Campaign Period”) and complete account creation within four (4) business days of the invitation.

The newly invited client must be a paying user for a minimum of three billing cycles. 

8. Prizes.  Participants who meet the eligibility requirements above will be notified by email between December 2024 – February 28, 2025 after close of the Campaign Period (the “Rewards Email”).  Participants who receive the Rewards Email and respond within ninety (90) days of receipt (“Eligible Participants”) will receive the prizes set forth below.  After this ninety day period, Sponsor has no obligation to pay any prize.

• One-time $100 gift card or service credit for a total of 1-5 referrals
• One-time $150 gift card or service credit and FreshBooks swag of your choice worth $50 for a total of 6-10 referrals
• One-time $200 gift card or service credit and FreshBooks swag of your choice worth $100 value for a total of 11+ referrals

The prizes are non-transferable and cannot be exchanged for cash or alternative prizes.  Any fees paid on a FreshBooks account are non-refundable.  Service credits will be equally distributed across the number of clients referred if the billing is managed by the Eligible Participant, but Eligible Participant may submit a request to accountants@freshbooks.com to apply the credit to a designated client. 

9. Release and Limitation of Liability.  By participating in the Promotion, you agree to release, indemnify, and hold harmless Sponsor, Sponsor’s related companies, and each such company’s respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any liability, illness, injury, death, loss, litigation, suit, claim, cause of action, or damage (“Claims”) arising out of or related to, directly or indirectly, in whole or in part, your participation in the Promotion or receipt, use, or misuse of any prize, including, but not limited to:  (a) Claims arising from any breach or alleged breach by you of these Official Rules; (b) Claims arising from unauthorized human intervention in the Promotion; (c) Claims arising from technical or printing errors; (d) Claims arising from lost, late, postage-due, misdirected, or undeliverable mail or email; (e) Claims arising from errors in the administration of the Promotion or the processing of entries; (f) Claims arising from injury, death, or damage to persons or property; or (g) Claims based on defamation or on the rights of publicity or privacy.  You further agree that in any cause of action, the Released Parties’ liability will be limited to the actual out-of-pocket costs associated with participating in the Promotion, and in no event shall the Released Parties be liable for attorneys’ fees, legal fees, or expenses of any kind.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHTS OR CLAIMS TO ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

10. Disputes.  To the extent permitted by applicable law, by entering the Promotion, you agree that any and all disputes, claims, and causes of action arising out of the Promotion or any prize awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the appropriate court located in the province of Ontario. All issues and questions concerning these Official Rules, your rights and obligations, or Sponsor’s rights and obligations shall be governed by the laws of Ontario without giving effect to any choice of law or conflict of law rules. 

11. General Conditions.  The Sponsor may, in its sole discretion, suspend, modify, and/or cancel the Promotion and, if feasible, select potential winners from among eligible, salvageable, and non-suspect entries received on or before the termination date for any reason whatsoever, including in the event that the operation, security, or administration of the Promotion is impaired in any way for any reason.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Promotion or to be acting in violation of these Official Rules or in a disruptive manner.  Any attempt by any person to undermine the operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.  In the event of a dispute as to any entry, the authorized account holder of the email address used for the entry will be deemed to be the entrant.  In the event that an entry is confirmed to have been erroneously deleted, lost, or destroyed, entrant’s sole remedy shall be another entry into the Promotion.  If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. 

12.  Intellectual Property. All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans, and representations, are owned by the Sponsor. All rights reserved. Unauthorized copying or use of any of the Sponsor’s intellectual property without the express written consent of the Sponsor is strictly prohibited.