IT Buiness Edge | Engine Yard PaaS Perspectives Survey SWEEPSTAKES: OFFICIAL RULES
Complete the survey and be automatically entered in our sweepstakes for a chance to win $50 Starbucks Gift Card. In addition, the first 100 entrants will be eligible to receive a $10 Starbucks Gift Card. Please read these Official Rules (“Rules”) before entering the Sweepstakes. You agree that in order to submit an entry, you must satisfy all Sweepstakes eligibility requirements below, and you will need to complete a short survey (at no charge).
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING the IT BUINESS EDGE | ENGINE YARD PAAS PERSPECTIVES SURVEY Survey Sweepstakes (the “Sweepstakes”).
2. ELIGIBILITY. This Sweepstakes is open only to LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AGED 18 YEARS OR OLDER (hereinafter referred to as “Entrant” or “you” or “your”). Employees of QuinStreet, Inc., their affiliates, subsidiaries, advertising, promotion and internet agencies and their immediate family members and/or those living in the same household of each are not eligible. All federal, state, and local laws and regulations apply. VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED BY LAW.
3. AGREEMENT TO OFFICIAL RULES. By participating in the Sweepstakes you agree to be bound by these Rules. Each potential winner will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form and, if legally permissible, a Publicity Release. If you object to or do not agree with any of these Rules, please do not participate in the Sweepstakes.
4. SWEEPSTAKES PERIOD. The Sweepstakes begins 04/01/2013, 12:00 a.m. Pacific Time (“Start Date”), and ends on 04/30/2013, 11:59 p.m. Pacific Time (“Expiration Date”) (the “Sweepstakes Period”). Entries must be received during these dates and times; entries received prior to the Start Date or after the Expiration Date will not be considered.
5. HOW TO ENTER. During the Sweepstakes Period, complete and submit the survey to be entered. This Sweepstakes may also be entered by sending a letter via the U.S. Postal Service (“USPS”) to: IT Buiness Edge | Engine Yard PaaS Perspectives Survey Sweepstakes c/o Legal Department, QuinStreet, Inc. 950 Tower Lane, 6th Floor, Foster City, CA 94404. The letter must be received by 04/15/2013. All eligible entries via USPS must be postage pre-paid and must include: the entrant’s name, full address including street, city and zip code; day/evening telephone number and valid e-mail address. Neither Sponsor nor the Released Parties assume any liability or responsibility for any error, omission, interruption, lack of transmission, deletion, defect, delay in operation, communications line failure, theft, destruction, or failure in communications for any Sweepstakes entry form submitted on-line or mailed via USPS. Limit: Only one (1) entry per person per survey. During the Sweepstakes Period, Sponsor may be running similar sweepstakes or contests at the same time as this Sweepstakes. By entering this Sweepstakes, you will not be eligible to receive any prize awarded in any other sweepstakes or contest unless you enter each sweepstakes or contest separately. All required fields must be filled out in order for your Sweepstakes entry to be successful. Entries that are incomplete, late, lost, misdirected, illegible, improperly submitted, or that contain certain viruses, worms or other harmful content, or that do not conform to the Rules in any respect will not be considered.
6. WINNER SELECTION. The winners (“Winners”) will be selected as follows. One (1) Grand Prize (defined in Section 8 below) will be awarded through a random drawing held on or about the 15th of the month after the Sweepstakes Period (“Drawing Date”) conducted under the supervision of Sponsor, whose decisions are final. In addition, 100 Giveaway Prizes (defined in Section 8 below) will be awarded on a first come first serve basis to the first 100 Sweepstakes entrants. Odds of winning depend on the number of completed, valid entries received. Winners will be notified by e-mail.
7. WINNERS. Winners will be notified by e-mail. Sponsor’s inability to contact a potential Winner within a reasonable time period or noncompliance with these Rules may result in disqualification and, at Sponsor’s discretion, an alternate may be chosen in a random drawing of all remaining eligible entries. Disqualification and subsequent selection of an alternate Winner may result from: (i) the failure of a potential Winner to respond to notification within five (5) calendar days after email transmission of notification of winning the Sweepstakes; (ii) the return of the email transmission as undeliverable after three (3) attempts, (iii) the return of any other communication or Prize as undeliverable, (iv) non-compliance with the Rules; and/or (v) failure of the potential Winner to sign and return Affidavit of Eligibility, Liability/Publicity release (where legal) within five (5) calendar days of date of notification.
8. PRIZES. (a) One $50 Starbucks Gift Card (“Grand Prize”). Approximate Retail Value (“ARV”) of Grand Prize: $50. (b) 100 $10 Starbucks Gift Cards (“Giveaway Prizes”, and together with the Grand Prize, the “Prizes”). Approximate ARV of Giveaway Prizes: $10. The Prizes are awarded “AS IS” and without warranty of any kind, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). The Prizes are non-transferable. No substitutions, assignment, exchange or cash redemptions or cash equivalents are permitted by Winners. Winners may waive their right to receive the Prizes. If a Grand Prize is waived or forfeited, it will be awarded to a substitute winner drawn in a random drawing from among all remaining eligible entries. If a Giveaway Prize is waived or forfeited, it will be awarded to the next eligible entrant based on the time of the entrant’s survey submission. Sponsor reserves the right to substitute a prize of equal or greater value for any reason. The depiction of the Prizes in any advertising or promotional materials may not reflect the actual Prizes delivered to the Winners. Lost or stolen Prizes will not be replaced. Prizes may be subject to U.S. withholding taxes. We will award a prize to a minor’s parent or legal guardian if a minor, in any state where the age of majority is not 18, wins a prize. The parent or legal guardian must sign and return all required documentation.
9.2. Winner’s Consent. Except where prohibited by law, participation in the Sweepstakes as well as acceptance of a Prize constitutes a Winner’s consent and permission for Sponsor and/or their designees to use the Winner’s name, address, photograph, testimonial or other likeness and/or prize information or personal exposition (and/or any edited portion thereof), and biographical information for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, to the Winner.
10. GENERAL CONDITIONS. The following general conditions apply to the Sweepstakes:
10.1. Void Where Prohibited; Disqualification. The Sweepstakes is void where prohibited, taxed, or regulated or where registration is required. All federal, state, provincial and local laws and regulations apply. We reserve the right to disqualify the entry of any Entrant suspected of attempting to disrupt the Sweepstakes and may prosecute or seek other legal action against such Entrant.
10.2. Cancellation. Sponsor reserves the right to cancel, suspend or modify the Sweepstakes if fraud, virus or other technical problem or any other factors beyond our reasonable control in any way interferes or corrupts the administration, security or proper administration of the Sweepstakes. If Sponsor cancels the Sweepstakes, the Prizes will be distributed in accordance with the entries received through the cancellation date. Failure to enforce a remedy shall not constitute a waiver of the future right to enforce the remedy.
10.3. Prohibition on Automated Entries. Any use of automated or programmed entry device methods, effecting entries on-line is prohibited and use of such instrumentalities to submit and entry will be disqualified. Any attempts to access and enter the Sweepstakes via a bot script or other brute-force attack will result in that IP / e-mail address becoming ineligible for the entire Sweepstakes. Entries will not be acknowledged or returned.
10.4. Internet. If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, uploads of malicious files or viruses, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right to disqualify any entry or any individual who tampers with the entry or voting process, and to cancel, terminate, modify or suspend the Sweepstakes and select Winners using all eligible, non-suspect entries received as of the date of termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, QUINSTREET, INC. RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
10.5. Release of Liability. Except where prohibited, by making an entry, all Entrants including the Winners releases and holds harmless QuinStreet, Inc. and its subsidiaries, affiliates, and their shareholders, directors, officers, employees and agents and the judges (the “Released Parties”) from and against any claim or cause of action, or liability arising from or out of participation in the Sweepstakes, or acceptance or use of the Prizes, including human or technical errors, receipt or use of any Prize, personal injury, death, damages, or monetary loss, and the risks of travel for prize delivery. IN NO EVENT WILL QUINSTREET, INC., ITS LICENSEES, AND/OR THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE SWEEPSTAKES. Entrants agree to release, defend, indemnify and hold harmless Released Parties from and against, and accept all responsibility of any kind, including but not limited to financial, for any liability, claims, losses, damages or proceedings, including but not limited for death, (including reasonable attorneys’ fees) relating to any actions taken by a Entrant, in participation of the Sweepstakes. Entrant also agrees to release, defend, indemnify and hold harmless the Released Parties from any and all liability, claims, losses, damages or proceedings, including but not limited to death (including reasonable attorneys’ fees) relating to the Prizes and any other matter in connection with a Entrant’s participation in the Sweepstakes or Sponsor or its designees.
10.6. Disclaimer of Sponsor Responsibility. Except where prohibited, by making an entry, Entrant agrees that the Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by the Entrant or printing errors; (b) unauthorized human intervention in any part of the Sweepstakes; (c) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (d) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, by the Entrant’s participation in the Sweepstakes or receipt, use or misuse of any prize.
10.7. Exclusive Forum for Disputes; Choice of Law. Except where prohibited, by making an entry, Entrant, agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded, other than the administration of the Sweepstakes or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in San Francisco County, California, USA; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (c) Entrant hereby waives all rights to claim, 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 questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed solely by, and construed exclusively in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
11. WINNERS LIST. After the Winners are confirmed, the name of the Winners will be posted on this page on or about 05/01/2013 through 06/01/2013.
12. SPONSOR. The Sponsor of this Sweepstakes is QuinStreet, Inc., 950 Tower Lane, 6th Floor, Foster City, California 94404.
13. ADMINISTRATION. This Sweepstakes is administered by QuinStreet, Inc., 950 Tower Lane, 6th Floor, Foster City, California 94404.
*Actual completion of the survey is required for Sweepstakes eligibility.
© 2013 QuinStreet, Inc. All rights reserved. Starbucks, Inc. is not a participant or sponsor of the Sweepstakes.