OFFICIAL PROMOTIONS RULES
IGEL “IT BALLER” SWEEPSTAKES AND
IGEL “IT BALLER” CUSTOMER TESTIMONIAL CONTEST
1. NO PURCHASE NECESSARY TO ENTER OR WIN. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED. OFFERED ONLY TO LEGAL RESIDENTS OF CERTAIN ELIGIBLE JURISDICTIONS, AGES 21 YEARS OR OLDER. ONE (1) PRIZE OF U.S. DOLLAR $20,000.00 IN EACH OF THE SIX (6) SEPARATE PROMOTIONS (AGGREGATE TOTAL OF U.S. DOLLAR $120,000.00).
2. THE PROMOTIONS ARE VOID WHERE PROHIBITED OR RESTRICTED. These Official Promotions Rules (“Official Rules”) govern the five (5) IGEL “IT Baller” Sweepstakes and the one (1) IGEL “IT Baller” Customer Testimonial Contest (each a “Promotion”, and collectively, the “Promotions”). Do not participate in any Promotion unless (a) you are a legal permanent resident, aged 21 years or older, of one of the 50 states or the District of Columbia in the United States of America (“USA”), or of Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, Germany, Ireland, Luxembourg, the Netherlands, Norway, Poland, Spain, Sweden, Switzerland, or the United Kingdom (collectively, such states, district and countries, the “Eligible Jurisdictions”); (b) you meet all of the Eligibility Requirements in Section 3 below; (c) you enter in accordance with all of the terms of these Official Rules; and (d) you will be able to provide the information and documentation necessary to claim the Prize (as defined below). Except as expressly stated herein, entry in a Promotion does not constitute entry into any other contests, sweepstakes or promotions including the other Promotions. By participating in a Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
3. Promotions Eligibility Requirements The Promotions are open to legal residents of the Eligible Jurisdictions at the time of entry, and who (a) are twenty-one (21) years of age or older at the time of entry; (b) possess a valid driver’s license or other official government-issued identification; (c) are information technology (“IT”) executives, managers and architects involved in IT decision-making at mid-market or enterprise companies; (d) fill out an online form and take a brief Sponsor survey (one form and survey is for a Sweepstake Entry and the other form and survey is for existing customers of Sponsor who are submitting a Testimonial and/or Video entry). Together, a completed form and a survey, is a “Survey”; (e) if entering a sweepstake, sign up for (at any Event 1 through 4, on Sponsor and third-party websites, and through Sponsor and third-party outreach including phone calls, email and social media) and attend (at any Event 1 through 4, via Sponsor 1-on-1 virtual meetings, or on Sponsor webinars) a short Sponsor presentation and product demonstration (approximately 30 minutes total) highlighting the agility, mobility, manageability, and security benefits of the Sponsor’s products and solutions (together, a presentation and a demonstration, a “Demonstration”) (you must complete the Demonstration at least five (5) hours prior to the applicable Event’s sweepstake drawing); and (f) if entering the Customer Testimonial Contest, your Testimonial (and optional Video if also submitted) meets the requirements in Section 5 below, and you also participate in the Virtual Webinar as reasonably requested by Sponsor (all terms as defined below). The employees, officers and directors of, and consultants and contractors to, the following companies and company types are not eligible to participate in the Promotions: IGEL Americas Sales Corp., and its reseller partners, channel partners, dealers, and distributors, the official sponsors and organizers of the Events, and each of the foregoing entities’ respective group companies worldwide including, but not limited to, parents, affiliates, subsidiaries, divisions, business units, and joint partners, and each of their respective legal counsel, consultants, contractors, web masters and web administrators, mobile application developers and administrators, financial analysts, accounting firms, auditors, advertising, promotional, fulfillment and marketing agencies, and any others engaged in the development, production, execution or distribution of the Promotions (all of the foregoing collectively, the “Promotion Entities”). In addition to the employees, officers and directors of, and consultants and contractors to, the Promotion Entities, the members of their immediate families (parents, children including step-children, siblings, and spouse) and persons living in the same households of any of the foregoing individuals (whether related or not) are not eligible to participate in the Promotions. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of eligibility, to make the final decision on eligibility, and to reject individuals who fail to meet these eligibility requirements.
4. Entering the Promotions
A. Events 1 through 5 – The Sweepstakes
The sweepstakes period begins at approximately 06:30 p.m. Central European Time Zone (“CET”) on Thursday, January 18, 2018 (“Promotions Start Date”) and ends approximately five (5) hours prior to the Event 5 sweepstake drawing on the Virtual Webinar Date (such period, the “Sweepstakes Period”); provided, however, that all Sweepstakes Entries for a particular Event’s sweepstake drawing must be received by Sponsor no later than the end of the applicable Entry Deadline as stated in Section 6 below. Please note that the first available slots for Demonstrations might not be available until Friday, January 26, 2018 – See Website (defined below) for any updates.
Drawings. The potential winner of each sweepstake for Events 1 through 5 will be selected from (1) all received eligible entries for such Event prior to the applicable Event sweepstake drawing (“Entries”), plus (2), EXCLUDING the winners in all prior Events (who shall not be eligible Entries purposes of drawings in any other Event 1 through 5 sweepstake), all received eligible Entries for all prior Events; with the method of selection in each case being a random drawing held by the Sponsor on the date and at the time and venue location for the applicable Event as listed below in Section 6 below (each, and “Award Date”). YOU DO NOT NEED TO BE PRESENT TO WIN OR CLAIM YOUR PRIZE. The Sponsor’s decision on the selection of the definitive winner is based on Sponsor’s sole discretion and interpretation of these Official Rules, and are final and binding in all respects. The potential winner will be announced immediately following the drawing. If the potential winner does not respond to Sponsor’s reasonable attempts to contact him or her after the Award Date, fails to qualify to claim the Prize, or cannot or will not accept the Prize for any reason, an alternative potential winner will be selected as promptly as reasonably possible (after Sponsor’s determination that the prior potential winner was not located or failed to accept or qualify to claim the Prize) from all remaining valid and eligible Entries. Sponsor’s reasonable attempts to contact the potential Prize winner shall be deemed to be satisfied by a combination of one or more attempts via postal service, telephone calls and/or emails to the contact information provided by the potential Prize winner. Only three (3) alternate potential winners may be contacted. If no winner is located or able to accept or qualify to claim a Prize, Sponsor will donate the Prize to a Qualified Charity (as defined below) of its own choosing.
ODDS OF WINNING A SWEEPSTAKE: The estimated odds of winning are approximately 25,000-to-1 based on the estimated total attendance of all Events. The actual odds of winning will depend on the total number of eligible Sweepstakes Entries received during the Sweepstakes Period.
B. Event 5 – The Customer Testimonial Contest.
The IGEL “IT Baller” Customer Testimonial Contest (“Customer Testimonial Contest”) shall commence on the Promotions Start Date, with the deadline for submitting a Testimonial (and at your option, a Video) Entry being the Testimonial Submission Deadline. The Customer Testimonial Contest itself will end on the Testimonial Winner Selection Date. To enter the Customer Testimonial Contest, you (or your business) must be an existing customer of Sponsor products and solutions at the time of your entry, access the “IT Baller” Contest website at www.itballer.com (“Website”), complete the applicable official entry form and submit it along with (i) one (1) eligible testimonial using the form provided and, at entrant’s sole option, a video, which meets the requirements in Section 5 below (respectively, a “Testimonial” and a “Video”), (ii) completed and signed Talent Release Form(s) if applicable, and (iii) a completed and signed Assignment of Copyright form, as directed, prior to the applicable Testimonial Submission Deadline (as set forth below). The forms are available for download on the Website. Entries must be submitted no later than the Testimonial Submission Deadline or they will not be considered. Limit of one entry Video per person per Event. Winners of the sweepstakes are eligible to enter into the Customer Testimonial Contest. All Surveys and entries become the property of IGEL Americas Sales Corp. (“Sponsor”) and will be neither acknowledged nor returned. Entrant agrees that Sponsor has the right to edit any submitted Testimonial for brevity and/or clarity..
Qualified individuals selected as judges by Sponsor (“Judges”) will select five (5) finalist Testimonials from the eligible entries, which will then be announced and posted on the Customer Testimonial Contest Website on or immediately after the Testimonial Finalists Selection Date. Judges shall use the following criteria in selecting a finalist Testimonial: (1) relation to the theme “IGEL Customer Testimonial”; (2) how the Testimonial covers all three of the following topics: (i) Why did the entrant’s business choose Sponsor’s products and solutions over other solutions?; (ii) Explains in detail the ROI of Sponsor products and solutions for the entrant’s business (i.e. op-ex, cap-ex, savings); and (iii) Describes any security enhancements the entrant’s business is achieving using Sponsor’s products and solutions; and (3) the creativity, originality, and quality of the Testimonial. The winning Testimonial will then be announced and posted on the Website on or promptly after the applicable Testimonial Winner Selection Date.
Each of the five (5) Testimonial finalists is required to participate in the Customer Testimonial Contest “Face Off” during the Virtual Webinar on the Virtual Webinar Date (December 12, 2018) by discussing the following three topics: (i) Why did the finalist’s business choose Sponsor’s products and solutions over other solutions?; (ii) Explaining in detail the ROI of Sponsor products and solutions for the finalist’s business (i.e. op-ex, cap-ex, savings); and (iii) Describing any security enhancements the entrant’s business is achieving using Sponsor’s products and solutions. Not participating in the Virtual Webinar will result in automatic disqualification from the voting for the winner, with the Sponsor having the option (but not a requirement) to have the Judges select a replacement finalist from the remaining eligible Entries.
The winning Event 5 Testimonial will be selected by public voting by reviewers of the five finalist Testimonials posted on the Customer Testimonial Contest Website. Voting will be conducted online through the Customer Testimonial Contest Website. Voting for the Event 5 Testimonials will remain open until the Testimonial Winner Voting Closing Date.
Voting for the winning Event 5 Testimonial shall be done in the following manner: (i) to vote, visit the Customer Testimonial Contest Website; (ii) any one can vote; voters do not need to have completed a Survey, attended an Event or a Demonstration, or entered a Promotion; and (iii) voters are allowed to vote for more than one entry, however each voter can only vote for a given entry once.
Voters shall use the following criteria when voting: (1) relation to the theme of the “IGEL Customer Testimonial”; (2) how the Testimonial covers all three of the following topics: (i) Why did the entrant’s business choose Sponsor’s products and solutions over other solutions?; (ii) Explains in detail the ROI of Sponsor products and solutions for the entrant’s business (i.e. op-ex, cap-ex, savings); and (iii) Describes any security enhancements the entrant’s business is achieving using Sponsor’s products and solutions; and (3) the creativity, originality and quality of the Testimonial.
The Testimonial with the most eligible votes at the end of the Testimonial Winner Voting Closing Date shall determine the one (1) winning Testimonial for the Customer Testimonial Contest. In the event of a tie in the online voting, the tied Testimonials will be judged by the Judges and the winner determined by the Judges.
C. YOU DO NOT NEED TO BE PRESENT TO WIN OR CLAIM YOUR PRIZE. The potential winner will be notified promptly after the Testimonial Winner Selection Date for the Customer Testimonial Contest and the applicable Drawing Date for a particular sweepstakes using all contact information provided to Sponsor by the potential winner. If the potential winner does not respond to Sponsor’s reasonable attempts to contact him or her after the applicable Testimonial Winner Selection or Drawing Date, or fails to qualify to claim the Prize, an alternative potential winner from the remaining Testimonial finalists or applicable sweepstakes Entries, as applicable, will be selected as promptly as reasonably possible (after Sponsor’s determination that the prior potential winner was not located or failed to qualify to claim the Prize). Sponsor’s reasonable attempts to contact the potential Prize winner shall be deemed to be satisfied by a combination of one or more attempts via postal service, telephone calls and/or emails using the contact information provided by the potential Prize winner.
D. ALTERNATIVE METHOD OF ENTRY FOR PROMOTIONS. No purchase is necessary to enter or claim a Prize in a sweepstake Promotion. A free, alternative method of entry (“AMOE”) for an individual sweepstake Promotion may be submitted by an individual who meets the eligibility requirements in Section 3 by sending a 3½ x 5 inch (8.9 x 12.7 centimeter) postcard, postage-paid, which includes your full name, business’s name, your title, a business telephone number and address, your business email address, and your home address, to Sponsor at: IGEL Americas Sales Corp., 540 Howard Street, San Francisco, California 94105 USA, Attention: IGEL “IT Baller” Sweepstake Promotion. Limit: one (1) AMOE Entry per person per sweepstake Promotion. AMOE entries received from any person in excess of the stated limitation will be void. All AMOE Entries must be received by Sponsor with all required elements no later than the end of the applicable Entry Deadline to be eligible for the applicable sweepstake Promotion. No copied or other facsimile Entries are allowed or will be accepted. All AMOE entries become the property of Sponsor and none will be returned.
E ODDS OF WINNING THE CUSTOMER TESTIMONIAL CONTEST: The actual odds of winning the Customer Testimonial Contest will depend on the total number and caliber of eligible Testimonial Entries received between the Promotions Start Date and the Testimonial Submission Deadline.
5. Testimonial and Video and Requirements.
A. Requirements for Event 5 Testimonials to be an eligible IGEL Customer Testimonial. Tell a story in an engaging Testimonial that covers all three of the following topics: (i) Why did you / your business choose Sponsor’s products and solutions over other solutions?; (ii) Explain in detail the ROI of Sponsor products and solutions for your business (i.e. op-ex, cap-ex, savings); and (iii) Describe any security enhancements you / your business are achieving using Sponsor’s products and solutions.
B. Requirements for Event 5 Videos to be eligible (a Video is NOT required to enter the Customer Testimonial Contest, and submitting a Video will not increase your chances to win the Customer Testimonial Contest Prize). Tell a story in an engaging Video that covers all three of the following topics: (i) Why did you / your business choose Sponsor’s products and solutions over other solutions?; (ii) Explain in detail the ROI of Sponsor products and solutions for your business (i.e. op-ex, cap-ex, savings); and (iii) Describe any security enhancements you / your business are achieving using Sponsor’s products and solutions.
C. Additional Technical and other Requirements:
- Do not at any time disclose any proprietary, confidential or other non-public, sensitive information that you are not authorized to disclose to third parties, including but not limited to in your Testimonial, Video, and/or, if you are a Video finalist, during your participation in the Virtual Webinar
- All Videos may only be submitted by one of the following methods: (i) e-mailing a link to the original raw Video file to email@example.com, (ii) forwarding/emailing a link to your Video located on a video sharing website (e.g., YouTube, Vimeo) to firstname.lastname@example.org, (iii) pasting a link to your Video located on a video sharing website (e.g., YouTube, Vimeo) to the designated place on the Website, or (iv) transferring or sharing a copy of the Video file via a managed large file transfer tool (e.g., Dropbox) to email@example.com.
- All Testimonials and Videos must be in the English language.
- Edit your Video. Only use the shots you absolutely need to tell the story. Videos may contain graphic overlay.
- Do not use copyrighted material in your Testimonial or Video. Do not use pre-recorded or copyrighted music in your Video unless you have a Master Use or Synchronization license. You may use royalty-free music or your own original score.
- Cover up any brand names and/or logos other than those of Sponsor or of your business or organization (unless you have their permission), on clothing, hats, background items, props, etc., or use plain, non-branded items.
- Make sure your Video is no more than 5 minutes in length. Anything over 5 minutes will not be judged.
- Make sure your Testimonial is no more than 400 words in length. Anything over 400 words will not be judged.
- Compress your Video into a digital file of no more than 1,000 mb in order to submit it online.
- Videos should be the highest audio and video quality available using your video camera, computer, smart phone or tablet.
In addition, to be eligible, each Testimonial and Video entry must meet the following criteria:
- All participants in the Video must understand and agree that the Video will be shared publicly via social media and other online platforms;
- The Video and Testimonial may not have been entered into any other contest or won any other prize or award;
- The Video and Testimonial must not be dangerous or damaging to persons and/or property, and must not contain material that is inappropriate, indecent, obscene, hateful, defamatory, slanderous or libelous;
- The Video and Testimonial must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on age, disability, gender, nationality, race, religion, or sexual orientation;
- The Video and Testimonial must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Video is created; and
- You must maintain proper safety measures and safety rules to ensure your own personal safety and the safety of your cast, crew, and others involved with the production of your Video.
6. Promotion Events, Dates and Times Information:
Event 1: CITRIX SYNERGY (SWEEPSTAKE)
May 8 – 10, 2018
Entry Deadline: five (5) hours prior to the official closing time of Event 1 on May 10, 2018.
Event 1 Drawing Location and Date: May 10, 2018 at the IGEL Booth Innovation Theater located in the Event 1 venue during the final hour of Event 1 (local time).
Event 2: Disrupt Vegas (SWEEPSTAKE)
August 26 – 29, 2018
Las Vegas, NV
Entry Deadline: five (5) hours prior to the official closing time of Event 2 on August 29, 2018.
Event 2 Drawing Location and Date: August 29, 2018 at the IGEL IT Baller Pool Party located in the Moorea Beach Club during the final hour of Event 2 local time.
Event 3: IP EXPO EUROPE (SWEEPSTAKE)
October 3 – 4, 2018
Entry Deadline: five (5) hours prior to the official closing time of Event 3 on October 4, 2018.
Event 3 Drawing Location and Date: October 4, 2018 at the IGEL Booth Innovation Theater located in the Event 3 venue during the final hour of Event 3 (local time).
Event 4: Nutanix .NEXT Conference (SWEEPSTAKE)
November 27 – 29, 2018
Entry Deadline: five (5) hours prior to the official closing time of Event 4 on November 29, 2018.
Event 4 Drawing Location and Date: November 29, 2018 at the IGEL Booth Innovation Theater located in the Event 4 venue during the final hour of Event 4 (local time).
Event 5: IGEL “IT BALLER” ONLINE EVENT (SWEEPSTAKE AND CUSTOMER TESTIMONIAL CONTEST ANNOUNCEMENT); AND VIRTUAL WEBINAR
Wednesday, December 19, 2018 from 09:00 a.m. until 10:30 p.m. Pacific Time (“PT”).
Virtual Webinar. Go to the official Virtual Webinar registration site at https://attendee.gotowebinar.com/register/6923412902029057538.
- Testimonial Submission Start Date: on the Promotions Start Date (i.e., Thursday, January 18, 2018 at 06:30 p.m. CET).
- Testimonial Submission Deadline: Friday, November 30, 2018 at 05:00 p.m. PT.
- Testimonial Finalists Selection Date: Monday, December 03, 2018 at 05:00 p.m. PT. Selections to be posted to the Website within two (2) business days.
- Virtual Webinar Date: Wednesday, December 12, 2018 from 09:00 a.m. to 10:30 a.m. PT. Official Registration link: https://attendee.gotowebinar.com/register/8818701567980072449.
- Testimonial Winner Voting Closing Date: Tuesday, December 18, 2018 at 11:59 p.m. PT.
- Testimonial Winner Selection Date: Wednesday, December 19, 2018 from 09:00 a.m. until 10:30 a.m. PT, with the announcement of the Customer Testimonial Contest winner at approximately 10:00 a.m. PT. Official Registration link: https://attendee.gotowebinar.com/register/6923412902029057538.
- Event 5 Sweepstake Drawing and Announcement Location and Date: On the Testimonial Winner Selection Date, Wednesday, December 19, 2018, promptly after the announcement of the Customer Testimonial Contest winner.
7. Prizes. The winner of each of the six Promotions in the five Events will, at the winner’s sole discretion, either (a) receive a cash prize of U.S. Dollar $20,000.00, or (b) have a donation from Sponsor in the amount of U.S. Dollar $20,000.00 made to a qualified, 503(c) charitable organization (or a qualified charitable organization in the relevant country if not in the U.S.) of the winner’s choosing (“Qualified Charity”). Each such prize or donation, is a “Prize”. Sponsor or an affiliate shall wire transfer to the winner or the Qualified Charity (for purposes of this section, the “Recipient”), as applicable, the amount of U.S. Dollar $20,000.00 to the Recipient’s designated U.S. Dollar-denominated bank account. In the event the Recipient does not have a U.S. Dollar-denominated bank account, the equivalent of U.S. Dollar $20,000.00 (in either the Australian Dollar, British Pound Sterling, Canadian Dollar, Danish Krone, Euro, Norwegian Krone, Swedish Krona or Swiss Franc, as designated by the Recipient), shall be wire transferred to the Recipient’s designated non-U.S.-Dollar-denominated bank account. Payment in any other currency is not available without Sponsor’s consent. The exchange rate for non-U.S. Dollar payment shall be the 4:00 p.m. London time closing spot foreign exchange rate for the selected foreign currency, as published by WM/Reuters FX Benchmarks on the business day immediately prior to the date on which Sponsor or its affiliate or agent initiates the wire transfer. Should the winner not claim the Prize before the end of three (3) days from date of the initial Prize notification, the Prize will be forfeited.
Prizes may not be assigned, transferred, or exchanged. No substitution may be requested or is offered for a Prize, except Sponsor reserves the right in its sole discretion to make a substitution, in whole or in part, for a prize of comparable or greater value. Winners are responsible for paying all taxes on a Prize, and any expenses not specified relating to the acceptance and use of a Prize. An IRS Form 1099 or similar tax reporting document will be issued to winners where applicable.
Winners will be notified by a traceable form of delivery and e-mail or telephone. Each winner will be required to provide within a specified time period: (i) a photocopy of a valid photo ID (driver’s license, passport, or other form of identification and proof of age); (ii) a completed and signed Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release; (iii) an assignment to Sponsor of all rights of ownership and copyright to the submitted Video or Testimonial; and (iv) a consent for Sponsor to use the Video and Testimonial, in whole or in part and as edited by Sponsor, in all media for commercial and other uses without additional compensation to, attribution to, or prior review by the winner. In addition, a separate Talent Release Form signed by each individual appearing in the Video will be required. Failure to return the required documents in a timely way, or the return of any notification as undeliverable for any reason, will cause the entry to be void and an alternate winner to be selected. If any individual appearing in a Video is under the age of eighteen, the Talent Release Form must be confirmed, ratified and signed by the parent or legal guardian of the individual signing the document(s). The foregoing affidavit, releases, and consent are available for download on the Website. If and when applicable, the winner shall promptly notify Sponsor in writing (email acceptable) of the Qualified Charity selected to receive the donation. The Qualified Charity will be contacted directly by Sponsor regarding the donation. Sponsor, not winner, will be the party in whose name the donation is made.
8. By participating in the Promotions, entrants: (a) agree to these Official Rules and to the decisions of the Judges and Sponsor and its agents in all matters, including the voting process, relating to the Promotions, which decisions shall be final in all respects; (b) automatically confer on Sponsor and Promotion Entities an irrevocable, non-exclusive, perpetual, royalty-free, worldwide, fully paid-up, assignable license to use his or her name, photograph, likeness, statements, biographical information, voice, voice likeness, city and state address, and to use, reproduce, display, modify, and create derivative works of all or any portion of the Video and Testimonial entry for advertising, publicity and promotional purposes in all media, including, without limitation, on air and within www.igel.com in perpetuity, without further notice or compensation (except to the extent prohibited by law) and agree to execute specific consent to such use upon request; and (c) represent that the Video and Testimonial submitted is their sole and original work and does not infringe the intellectual property rights of any other party. Unless otherwise prohibited by applicable law, the winners may be required to participate (at Sponsor’s expense) in, and hereby irrevocably consents to the use of his or her name and likeness in, post-drawing publicity promotions by the Sponsor and/or its parent, subsidiaries and affiliates. The winner will not receive any further compensation for such participation or use of his or her likeness.
9. DISQUALIFICATION AND OTHER TERMS: Any attempt by an entrant to enter more than the stated number of sweepstakes Entries, Videos and/or Testimonial entries allowed by using multiple/different email addresses, identities, registrations, logins, and/or any other methods, including, but not limited to, automated entry, will void all of that entrant’s entries and that entrant shall be disqualified from the Promotion. Entry must be made by the entrant only at the authorized Website. Entrants found tampering with or abusing any aspect of this Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above abuses, Sponsor reserves the right to immediately terminate entrant’s eligibility to participate in the Promotion. Any attempt by any person to deliberately undermine the legitimate operation of the Promotions may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to notify appropriate law enforcement and to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to terminate, cancel, suspend and/or modify the Promotions if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Promotion, as determined by Sponsor in its sole discretion. In such event, the Sponsor also reserves the right, but not the obligation, to award the Prizes from among the valid and eligible, non-suspect Entries received up to the time of the impairment.
10. INDEMNIFICATION. By participating in the Promotions, entrants , on behalf of themselves and their heirs, executors, administrators, successors and assigns, hereby knowingly and voluntarily agree to release, indemnify, and hold harmless the Sponsor and the Promotion Entities, and their respective officers, directors, employees, successors and assignees, from and against any and all claims, cause of action, liabilities, losses or damages of any kind whatsoever arising out of participation in the Promotions or receipt or use of thre Prize, including, but not limited to: (a) the infringement of intellectual property rights of others, resulting in whole or in part from their participation in the Promotions and the acceptance and use of the Prize; (b) entrant’s breach of these Promotion Rules; (c) unauthorized human or technological intervention in the Promotion; (d) technical errors related to computers, servers, or telephone, data or network lines and/or service providers; (e) printing errors (whether in hardcopy or in emails or on web pages); (f) lost, late, postage-due, misdirected, or undeliverable entries, mail or wire transfers; (g) errors in the administration of the Promotions or the processing of entries; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotions or receipt or use of any Prize. Sponsor and the Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by mobile application or website users, or by any equipment or programming associated with or utilized in the Promotions and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Sponsor’s applications or websites.
11. Participants agree that Sponsor and its agents are not responsible for late, lost or misdirected entries or mail, or for error, omission, interruption, deletion, defect, delay in transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure of Sponsor and its agents to receive entries for any reason whatsoever or for any errors, mishaps or problems, regardless of the cause, in the voting process. In the event Sponsor determines that the integrity of a Promotion has been impaired or corrupted for any reason and as a result cannot be offered or completed as planned, Sponsor reserves the right in its sole discretion to cancel or terminate the Promotion and to select winners from among eligible Entries legitimately received prior to the event causing cancellation or termination; and notice of cancellation will be posted at the Website. Should Sponsor (or Judges as applicable), in their sole discretion, determine that there are insufficient entries worthy of being selected as a winner in Events 1 through 5 sweepstakes or a finalist in or winner of the Event 5 Customer Testimonial Contest, they reserve the right to select less than the stated number of winners or finalists, as applicable, for the relevant Event.
12. WARRANTY DISCLAIMERS; LIMITATIONS OF LIABILITY EVERYTHING IN AND ON SPONSOR’S MATERIALS, WEBSITES AND APPLICATIONS IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER, SPONSOR MAKES NO REPRESENTATION THAT MATERIALS ON ITS WEBSITES RELATING TO THE PROMOTION ARE APPROPRIATE OR AVAILABLE FOR USE AT ALL LOCATIONS AT ALL TIMES. IT IS ENTRANT’S RESPONSIBILITY TO ENSURE THAT ACCESSING SPONSOR’S WEBSITES AND APPLICATIONS AND ENTERING THE PROMOTION IS LEGAL AND NOT PROHIBITED OR RESTRICTED BY THE LAWS OF THE JURISDICTION IN WHICH ENTRANT IS A CITIZEN OR RESIDENT. NEITHER THE SPONSOR NOR ANY PROMOTION ENTITY SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE PROMOTIONS, ANY SUBMISSION OR USE OF THE SUBMISSION, OR ANY CONTENT EMBODIED THEREIN, INCLUDING WITHOUT LIMITATION ANY LIABILITY, LOSS, INJURY OR DAMAGE TO ENTRANT OR ANY OTHER PERSON OR ENTITY, INCLUDING PERSONAL INJURY OR DEATH, OR DAMAGE TO PERSONAL OR REAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF ENTRANT’S ENTRY IN THE PROMOTION, THE USE OF ANY SUBMISSION, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE.
14. PROMOTIONS ADMINISTRATION; GOVERNING LAW Sponsor reserves the right to correct, and Sponsor and Promotion Entities are not responsible for, any typographical or other error in the printing of these Official Rules, the advertising or administration of the Promotion, or in the announcement of Prize winners, including such error as may give an erroneous indication that a Prize has been won. In the event the Sponsor is prevented from continuing with this Promotion, or the integrity and/or feasibility of a Promotion is undermined by any event, including but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any government, economic area, federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event) the Sponsor shall have the right, in its sole discretion, to modify, abbreviate, suspend, cancel or terminate the Promotion without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate, cancel or terminate the Promotion as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award Prizes from among all valid and eligible Entries received up to the time of the occurrence of such Force Majeure event. By entering the Promotion, entrants agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of thesde Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Promotion, will be governed by, and construed in accordance with, the laws of the State of California, USA without giving effect to any choice of law or conflict of law rules, and any matters or proceedings shall take place in the State of California, USA. By entering, entrants consent to jurisdiction and venue of the federal, state, and local courts in the County of San Francisco, California USA.
15. SPONSOR. The Sponsor is IGEL Americas Sales Corp., a New York (USA) corporation (New York Department of State ID# 4607504), located at 540 Howard Street, San Francisco, California 94105 USA. The names of the final winners and Qualified Charities receiving a donation (if applicable) will be available on or about three (3) business days after their selection. The names of the winners will be posted when verified. For the names of the winners and Qualified Charities receiving a donation (if applicable), go to www.itballer.com or write the Sponsor at IGEL Americas Sales Corp., 540 Howard Street, San Francisco, California 94105 USA, Attention: “IT Baller Promotions Winners List”.
©2018 IGEL Americas Sales Corp. All Rights Reserved. IGEL®, and “IGEL” in capital letters appearing at the bottom of the stylized design of a hedgehog, are registered trademarks of Sponsor or its affiliates. All other trademarks, including, but not limited to, the names and marks of the sponsors and promotors of Events 1 through 4, are the property of their respective owners.