Silky Smooth Swing Contest 

Five9 Silky Smooth Swing Contest (the "Contest") is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry (“Entrant”) and who comply with the rules set forth herein (“Official Rules”). Employees of Five9, Inc. and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.

The Contest is sponsored by Five9, Inc., located at 3001 Bishop Drive, Suite 350, San Ramon, California 94583 (“Sponsor” or “Five9”).

Participation in the Contest constitutes the entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.

The Contest begins on September 9, 2024, and runs through October 7, 2024 (the "Contest Period"). Entries that are submitted before or after the Contest Period will be disqualified.

Entrants must film their golf swing, post their swing video to their tile or feed on X, Facebook, LinkedIn, or Instagram, use #SilkySmoothSwing, and tag @Five9 on X, LinkedIn, or Facebook and @five9_inc on Instagram. (Note that anything posted to a story will not be eligible because the story will disappear). To qualify, you are required to set your social media account to public. Failure to do so will preclude our ability to view your swing. Limit three (3) entries per person for the duration of the Contest Period, regardless of the method of entry. Entries received from any Entrant in excess of the stated limitation will be void and will disqualify such Entrant from the Contest. All entries become the property of Sponsor and will not be acknowledged or returned.

The Sponsor will notify potential winners by a direct message via a social media platform or by email weekly (September 13th, September 20th, September 27th and October 4th), with the Grand Prize Winner being notified on October 11th. Each potential winner must respond back with an acceptance and the mailing address they want their prize mailed to within five (5) days of the date of notice to claim his/her prize. If a potential winner cannot be contacted or fails to respond with his/her acceptance and mailing address, or the prize is returned as undeliverable, the potential winner forfeits the prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to fulfill any other requirements imposed on the winner set forth herein. Potential winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements of the Official Rules. If a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by a random drawing from among all remaining eligible entries. Only three (3) alternate winners will be picked, after which the prize will remain unawarded. Prizes will be fulfilled approximately 2-3 weeks after the conclusion of the Contest.

The weekly winner will be entered to win the chance to attend the exclusive Five and Nine Scramble hosted by Five9 on November 21, 2024 in Scottsdale, AZ with Max Homa.    

In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

By participating in the Contest, Entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the "Released Parties)" from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize, including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event, or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or acceptance, receipt or misuse of the prize. Entrant further agrees that in any cause of action, the Released Parties shall have no liability, and in no event shall the Entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages, including punitive, consequential, direct, or indirect damages.

Except where prohibited, Entrant agrees that all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’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 California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than California.   

Information collected from Entrant is subject to Sponsor's privacy policy.