Official Rules – RingCentral SMS/Text Messaging Drawing
PLEASE BE ADVISED THAT YOU HAVE NOT YET WON. NO PURCHASE IS NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
This drawing (the “Drawing”) is sponsored and administered by RingCentral, Inc. (“RingCentral”), located at 1400 Fashion Island Blvd., 7th Floor, San Mateo, CA 94404. The Drawing is governed by these official rules (“Official Rules”). By participating in the Drawing, each entrant (“Entrant”) agrees to abide by these Official Rules, including all eligibility requirements, and understands that the result of the Drawing, as determined by RingCentral or its agents, are final in all respects.
1. Entry Period: The “Entry Period” for the Drawing runs from 9:00 AM PT, November 28, 2012 to 5:00 PM PT, December 20, 2012 (“Drawing End Date”).
2. Eligibility: To enter the Drawing you must be 18 years of age or older. Drawing is void in any U.S. territories, possessions and commonwealths where restricted or prohibited by law. Employees, officers, directors, resellers, agents, affiliates and representatives of RingCentral and other participating partners, including their affiliated companies, parents, subsidiaries and advertising and promotion agencies, (collectively, “RingCentral Entities”), and their immediate families and members of their households, are ineligible to participate in this Drawing.
3. How to Enter: (1) Complete the SMS/Text Messaging Survey (collectively, your “Entry”). You may submit one (1) Entry per person, household and/or e-mail address for the entire Entry Period. If more than one (1) Entry is received from the same person, household or email address, only the first Entry received will be treated as the eligible Entry. In the event of a dispute regarding who submitted a particular Entry, the Entry will be deemed submitted by the authorized and registered account holder of the e-mail account associated with the Entry. RingCentral is not responsible for: lost, late, delayed, damaged, unintelligible, illegible, misdirected, incomplete or garbled Entries; for those who cannot access or complete the survey due to the Internet or Facebook; cannot click-through for any period of time to take the survey; if Entry and/or survey information is not captured correctly; for any issues associated with hardware, software, telephone, Internet, virus contamination, network, human error, electronic malfunctions, or any other technical problems; and for delay, failure or malfunction for any reason. Incomplete or corrupted Entries are void and will not be accepted. To be eligible, Entries must be received by 5:00 PM PST on December 20, 2012. All Entries (including without limitation survey responses) become the sole and exclusive property of RingCentral. By entering the Drawing, Entrant hereby grants RingCentral a worldwide, exclusive, perpetual, unlimited license and right to use, modify, transfer, assign, publish and promote any Entry (including without limitation survey responses) in its sole discretion without any additional payment, consideration, royalty or notice to Entrant. By entering the Drawing, you (i) represent and warrant that you are the sole author of the survey responses submitted in your Entry, (ii) authorize RingCentral to use, analyze, modify and publish your name, survey responses and any other information provided by you in RingCentral’s sole discretion, including publication in its marketing and promotional materials; and (iii) authorize RingCentral to contact you regarding RingCentral offerings, products and services (collectively “Entry Warranties”). You hereby agree to indemnify and hold harmless RingCentral (including without limitation collection fees, court costs and reasonable attorney’s fees) and all RingCentral Entities from any and all damages in the event you breach the Entry Warranties.
4. Winner: One (1) prize winner (“Winner”) will be chosen by random drawing from all eligible Entries received during the Entry Period. The Winner will be announced and notified by e-mail within ten (10) days after the Drawing End Date. All decisions by RingCentral in regard to this Drawing are final and binding in all respects. Odds of winning are based on the total number of Entries received. If a selected Winner is deemed ineligible, the Entry will be disqualified and an alternate winner will be selected. RingCentral is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify Winner. Prize will only be shipped to Winner at the physical address provided by the Entrant on the affidavit or declaration of eligibility form. A Prize or Prize notification that is returned as undeliverable will disqualify the Winner, and an alternative Winner will be selected by RingCentral. Accepting and/or using Prize constitute permission (except where prohibited by law) for RingCentral to use Winner’s photo, name, voice, hometown, and/or likeness for promotional purposes without further compensation. By accepting a Prize, Winner waives the right to 1) assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem said Prize, and 2) claim any liability (including attorney’s fees and costs) which might arise from redeeming, seeking to redeem said Prize (including any travel related thereto) or any use of the Prize. RingCentral will not replace any lost or stolen Prize, including if lost during delivery. Risk of loss passes to Winners upon dispatch of the Prize from RingCentral’s offices. The actual delivery of Prizes by RingCentral to a Winner may be delayed for reasons outside of the control of RingCentral (including but limited to the postal or deliver services, back ordering, cancelation and the like). RingCentral is not responsible for any delay in the delivery of any Prize to any Winner.
5. Prize: Winner will receive: (1) iPad Mini (16GB, Wifi only) (the “Prize”). Total estimated approximate retail value for each Prize is approximately USD$329. Prize is non-transferable, non-assignable and subject to the terms and conditions herein.
No alternative prize(s), cash equivalent, or other substitution is permitted except as determined solely by RingCentral. PRIZE IS PROVIDED “AS IS.” RINGCENTRAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Entrants acknowledge that RingCentral and RingCentral Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a Prize or regarding the use, value or enjoyment of the Prize.
7. Taxes: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE SOLELY THE RESPONSIBILITY OF THE PRIZE WINNER. In order to claim prize, Winner may be required to complete an affidavit or declaration of eligibility, liability and publicity release and W-9 tax form, which must be signed and returned to RingCentral within seven (7) days of date printed on the notification provided by RingCentral, or your Prize may be void and/or another winner chosen, if applicable, in RingCentral’s sole discretion. The value of the Prize will be treated as ordinary income to Prize recipient for income tax purposes and an IRS Form 1099 for the relevant year will be sent to the winners. Incidental expenses and all other costs and expenses which are not specifically listed as part of a Prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective Prize winner.
8. Winner List and Official Rules: To obtain a copy of these Official Rules or list of Winners, send a self-addressed, stamped envelope RingCentral, Inc., Attn: RingCentral SMS/Text Messaging Survey Drawing, 1400 Fashion Island Blvd., 7th Floor, San Mateo, CA 94404. Requests must be received by the Drawing End Date. Vermont residents may omit return postage. Copies of Official Rules may also be viewed at /blog/ringcentral-smstext-messaging-drawing-official-rules/.
10. ASSUMPTION OF RISK, INDEMNIFICATION, LIMITATION OF LIABILITY
BY INTENDING TO ENTER AND/OR ENTERING THE DRAWING, EACH ENTRANT (ON BEHALF OF ENTRANT AND ENTRANT’S FAMILY MEMBERS, HEIRS, ADMINISTRATORS, AFFILIATES AND SUCCESSORS) ASSUMES ALL RISK ASSOCIATED WITH THE DRAWING, INCLUDING WITHOUT LIMITATION ANY AND ALL RISK INVOLVED IN PHOTOGRAPHING, PARTICIPATION AND PRODUCTION OF ENTRANT’S PHOTO, AND HEREBY AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS RINGCENTRAL, RINGCENTRAL ENTITIES, FACEBOOK AND THEIR RESPECTIVE PARTNERS, AFFILIATES AND SUBSIDIARY COMPANIES, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, CAUSES OF ACTION, THREATS, LOSSES, DEATH, INJURY, ACTUAL, INCIDENTAL OR CONSEQUENTIAL CLAIMS AND DEMANDS WHATSOEVER IN LAW OR EQUITY, INCLUDING ALL COSTS AND ATTORNEYS’ FEES, RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRANT’S PHOTO OR PARTICIPATION IN THE DRAWING, TAXES OWED AND DUE BY THE PARTICIPANT IN CONNECTION WITH THE DRAWING, BREACH OF THE ENTRY WARRANTY, AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. RINGCENTRAL AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE. RINGCENTRAL AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE DRAWING.
IN NO EVENT SHALL RINGCENTRAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. RINGCENTRAL’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY AT US$100. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
12. General: Any and all decisions related to the Drawing, these Official Rules, Drawing administration, verification and the like will be supervised by RingCentral, whose decisions are absolute and final in all respects. By participating in this Drawing, you agree to be bound by these Official Rules and that all decisions of RingCentral are absolute and final in all respects. RingCentral assumes no liability for damage caused to Entrant’s or any other person’s/entity’s computer hardware, software or communications network, video recording device or other personal property regardless of cause. RingCentral reserves the right in its sole and absolute discretion to terminate (and not award any prizes to any entrant)/cancel or modify the Drawing at any time and from time to time for any reason or no reason without or without notice or to disqualify any entrant at any time and from time to time for any reason or no reason with or without notice in its sole judgment, including if, in RingCentral’s sole and reasonable judgment, it determines that the integrity or fairness of the Drawing has been, or could be, compromised or that the Drawing is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure or any other cause. In the case of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by name of the account holder for the email address on the registration form. RingCentral or the RingCentral Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules.
This Drawing and Official Rules shall be governed by the laws of California. If any provision of this Drawing shall be deemed to violate any federal, state, provincial or municipal law, rule or regulation, it shall be amended to conform to such law, rule or regulation and all other provisions shall remain in full force and effect. Venue for all disputes shall be in San Mateo, California.
Except where prohibited by law, by entering this Drawing, each entrant hereby waives any right he/she may have to a trial by jury and agrees that any and all disputes, claims, actions and causes of action arising out of or connected with this Drawing or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules and other documents shall be resolved individually, without resort to any form of class action, and exclusively by binding arbitration, located in San Mateo or San Francisco, California. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and never shall include punitive damages, and in no event attorneys’ fees or costs. Some jurisdictions do not allow the limitation or exclusion of liability for punitive, incidental or consequential damages, so the above may not apply to you.
This document contains the trademarks and service marks of RingCentral and third parties and such trademarks and service marks are the property of their respective owners. All trademarks are and shall remain the sole and exclusive property of their respective owners. The use of certain products and services as prizes does not imply participation in, or approval of, this Drawing by their respective companies. This Drawing is sponsored and administered exclusively by RingCentral and is in no way sponsored, endorsed, administered by or associated with Facebook or any other company.
Copyright © 2012 RingCentral, Inc. All rights reserved.