Terms and Conditions for Presidential Poll Contest 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 RingCentral Presidential Poll Contest Drawing (the “Contest”) is sponsored and administered by RingCentral, Inc. (“RingCentral”), located at 1400 Fashion Island Blvd, Sixth Floor, San Mateo, CA 94404. The Contest is governed by these official rules (“Official Rules”). By participating in the Contest, each entrant (“Entrant”) agrees to abide by these Official Rules, including all eligibility requirements, and understands that the result of the Contest, as determined by RingCentral or its agents, are final in all respects.
1. Entry Period: The “Entry Period” for the Contest runs from May 23, 2012 until there are 1000 survey respondents.
2. Eligibility: To enter the Contest you must be a lawful citizen or permanent resident of the United States and 21 years of age or older. Contest is void outside of the United States and in any states and/or territories, possessions and commonwealths where restricted or prohibited by law. The Contest, and any website pages and advertisements relating thereto, is intended for viewing only within the United States. You are not authorized to participate in the Contest if you are not physically located within the United States when you enter the Contest. Employees, officers, directors, resellers, agents, affiliates and representatives of RingCentral and other participating partners, including their affiliated companies, parents, subsidiaries and advertising and Contest agencies, (collectively, “RingCentral Entities”), and their immediate families and members of their households, are ineligible to participate in this Contest.
3. How to Enter: 1) Complete RingCentral’s Presidential survey and automatically receive one entry in the $500 prize drawing. 2) Share the special survey link to your social networks and receive an additional entry for every friend who completes the survey. The more you share, the greater your chances of winning.
Only one survey may be submitted per individual. RingCentral is not responsible for: lost, late, delayed, damaged, unintelligible, illegible, misdirected, incomplete or garbled survey entries; cannot click-through for any period of time to enter their submission; if entry 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. All survey entries will become the sole and exclusive property of RingCentral and will not be returned to Entrant.
When you complete the survey, you will have the opportunity to 1) enter your name in a drawing to win $500 and 2) share the survey link to social networks and receive an additional drawing entry for every friend who completes the survey.
By entering the Contest, you (i) represent that you have all rights and have received express written consent from the Referral to disclose the Referral’s name and contact information to RingCentral; (ii) authorize RingCentral to use, analyze, modify and publish your name and any other information provided by you in RingCentral’s sole discretion, including publication in its marketing and Contestal materials or website; (iii) authorize RingCentral to contact you regarding RingCentral offerings, products and services (collectively “Entry Warranties”). You hereby agree to indemnify and hold harmless RingCentral and all RingCentral Entities from any and all damages (including without limitation collection fees, court costs and reasonable attorney’s fees) in the event that you breach any of the Entry Warranties.
4. Prizes: Two winners will be chosen via random drawing to each win a $500 gift card.
Under no circumstances will any cash equivalent be issued in lieu of the gift cards.
No alternative prizes, cash equivalent, or other substitution is permitted except as determined solely by RingCentral. All prizes are nontransferable and non-assignable. PRIZES ARE PROVIDED “AS IS.” RINGCENTRAL DISCLAIMS ALL GUARANTEES AND/OR 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.
6. Prize Delivery/Acceptance: If a Prize winner is deemed ineligible, the entry will be disqualified. RingCentral is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winners. Prizes will only be shipped to winners at the physical or email address provided by the entrant on the entry form, affidavit or declaration of eligibility form (whichever was submitted later). RingCentral may issue electronic gift cards of the appropriate denomination in lieu of physical gift cards. A Prize or Prize notification that is returned as undeliverable will disqualify the winner. Accepting and/or using Prizes constitute permission (except where prohibited by law) for RingCentral to use winner’s name, photo, voice, hometown, and/or likeness for Contestal purposes without further compensation. By accepting a Prize, winner waives the right to 1) assert any claims or reimbursement for any cost(s) related to winning the Prize and any cost(s) of verification, redemption or travel to redeem said prize (if applicable), and 2) claim any liability (including attorney’s fees and costs) which might arise from redeeming or seeking to redeem said Prize (including any travel related thereto, if applicable). RingCentral will not replace any lost or stolen Prize, including if lost during delivery. Risk of loss passes to winner upon dispatch of the Prize from RingCentral’s offices. The actual delivery of Prize(s) 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.
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 prizes, Entrants may be required to complete an affidavit or declaration of eligibility, liability and publicity release and W-9 tax form. Such forms 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 voided 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.
9. Publicity: By participating, each Entrant grants RingCentral permission to use his/her name, likeness or comments for publicity purposes in regard to the Contest without payment of additional consideration, except where prohibited by law.
10. ASSUMPTION OF RISK, INDEMNIFICATION, LIMITATION OF LIABILITY
BY INTENDING TO ENTER AND/OR ENTERING THE CONTEST, EACH ENTRANT (ON BEHALF OF ENTRANT AND ENTRANT’S FAMILY MEMBERS, HEIRS, ADMINISTRATORS, AFFILIATES AND SUCCESSORS) ASSUMES ALL RISK ASSOCIATED WITH THE CONTEST AND/OR PRIZES AND HEREBY AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS RINGCENTRAL, RINGCENTRAL ENTITIES AND THEIR RESPECTIVE PARTNERS, AFFILIATES AND SUBSIDIARY COMPANIES, ADMINISTRATOR, ADVERTISING AND CONTESTAL 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 PARTICIPATION IN THE CONTEST, TAXES OWED AND DUE BY THE PARTICIPANT IN CONNECTION WITH THE CONTEST, BREACH OF THE ENTRY WARRANTY, AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. RINGCENTRAL AND ITS 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 SUBSIDIARIES, AFFILIATES, ADVERTISING AND CONTESTAL 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 CONTEST.
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$50. 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 Contest, these Official Rules, Contest administration, verification and the like will be supervised by RingCentral, whose decisions are absolute and final in all respects. By participating in this Contest, 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 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 Contest 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 Contest has been, or could be, compromised or that the Contest 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. All information provided by Entrant for the Contest is provided solely to RingCentral for RingCentral’s benefit and is not provided to any other entity.
This Contest and Official Rules shall be governed by the laws of California. If any provision of this Contest 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 or San Francisco, California.
Except where prohibited by law, by entering this Contest, 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 Contest 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, California. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and never shall include consequential, incidental or 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 Contest by their respective companies. This Contest is sponsored and administered exclusively by RingCentral and is in no way sponsored, endorsed, administered by any other entity.
Copyright © 2012 RingCentral, Inc. All rights reserved.