Telerik Sweepstakes Official Rules - North America
Last updated: 5/15/2013
BY ENTERING THE TELERIK SWEEPSTAKES ("SWEEPSTAKES"), YOU EXPLICITLY AGREE TO BE BOUND BY THESE RULES ("RULES") AND TELERIK'S DECISIONS, WHICH ARE FINAL AND BINDING ON ALL MATTERS RELATING TO THE SWEEPSTAKES. THIS IS AN IRREVOCABLE CONDITION OF ENTRY AND WINNING ANY PRIZE.
NO PURCHASE OR PAYMENT NECESSARY TO WIN. PURCHASE OF ANY TELERIK PRODUCT DOES NOT INCREASE OR IMPROVE YOUR CHANCE OF WINNING. THE ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE SWEEPSTAKES PERIOD AND NUMBER OF PRIZES AWARDED.
THE SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
SPONSOR: The sponsor and promoter of this Sweepstakes is Telerik Inc., 201 Jones Road, Waltham, MA 02451 ("Telerik").
ELIGIBILITY: The Sweepstakes is open only to permanent, legal residents of the United States physically residing in the United States of America and the District of Columbia (excluding the residents of Florida and New York State if the combined retail value of the prizes being offered is greater than $4,999). You must be above the age of majority in the state or territory in which you reside at the time of entry. Employees of Telerik Inc. or its subsidiaries and affiliates, or immediate family members and household members of such employees, are ineligible. Telerik is committed to complying with government gift and ethics rules and therefore government employees (including military personnel and employees of public educational institutions) are not eligible.
HOW TO ENTER: No purchase necessary to enter. Entry into the Sweepstakes is specified by the applicable promotional materials. Entry forms, directions, requirements, deadlines and the maximum number of entries allowed are clearly published with each promotional posting and/or advertisement. Alternatively, you may mail a 3" by 5" postcard with your name, address, phone number, email address (if you have one) and Sweepstakes name to the address above. Any entry received after the specified contest deadline is ineligible, null, and void. Telerik is not responsible for entries that are sent but not received by Telerik for any reason. In the event of a dispute, entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. The potential winner may be required to show proof of being the authorized account holder. No mechanical reproductions permitted. Entries become the property of Telerik and will not be acknowledged or returned.
WINNER SELECTION AND ODDS OF WINNING: Potential sweepstakes winners will be selected in a random drawing from all eligible entries received by the published sweepstakes deadline. Odds of winning depend upon the number of eligible entries received and number of prizes to be awarded. Selected winner(s) will be notified at the telephone number, email address and/or mailing address provided on winner's entry form. Failure to reach the selected winner may result in disqualification, forfeiture of his or her interest in all prizes, and selection of a substitute winner from the remaining eligible entries. All decisions are final.
AWARDING PRIZE: In order to claim a prize, selected winners must respond to the notification in an appropriate manner within five (5) days of notification. Selected winners may be required to sign and return an Affidavit of Eligibility, Liability Release, and a Publicity Release unless prohibited by law. Failure to respond to the notification in the appropriate manner or failure to sign and return any of the required documents within the specified time period may result in forfeiture of the prize, as decided solely by Telerik. If a prize is refused, a prize notification is returned or deemed undeliverable, or the selected winner is disqualified for any reason, an alternate winner will be selected.
PRIZE RESTRICTIONS: Prizes may not be transferred or assigned until after the actual winner has complied with all his or her obligations under these rules. No cash or other substitution may be made, except by Telerik, who reserves the right to substitute a prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by Telerik in its sole discretion. All taxes imposed on the prize, and accompanying filing and reporting requirements, are the sole responsibility of the winner. For prizes having a retail value of $600.00 or greater, Telerik will issue Form 1099-MISC to the IRS and winner reporting the awarding and value of such prize. Selected winners will be required to furnish Telerik with all information necessary to the completion of Form 1099-MISC (including full name, address, and social security or tax ID number) prior to release of the prize by Telerik. Selected winners who refuse or fail to provide Telerik with such information within a reasonable period of time will be disqualified and an alternate winner will be selected. Selected winners who refuse or fail to provide Telerik with all information necessary to the completion of Form 1099-MISC within a reasonable period of time have no right to an alternate prize worth less than $600.00.
WARRANTIES: By participating in the Sweepstakes, you represent and warrant that (a) you have read, and agree to be bound by, these terms and conditions of these Sweepstakes rules, (b) based upon the rules and promotional materials, you are eligible to participate in the Sweepstakes, and (c) all of the information provided as part of your entry is accurate, does not violate any third party's legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law.
GENERAL RULES: By participating, you (a) release Telerik and its respective directors, officers, employees and agents from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by (i) your participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of the prize; (ii) any Telerik sponsorship or administration of the Sweepstakes; and (iii) your and/or any third party's use, sale or disposal of the prize; and (b) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize (any written warranty by the manufacturer concerning the prize will be provided along with the prize). Neither Telerik nor any service providers are responsible for incorrect or inaccurate transcription of your information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website or to complete a telephone call or facsimile transaction, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage to your or any other person's computer or device related to or resulting from participation in any Telerik Sweepstakes.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, TELERIK RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Failure to enforce any term of these rules shall not constitute a waiver of that provision. If for any reason the Sweepstakes is not capable of being executed as planned, or becomes infected by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which in the opinion of Telerik, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Telerik reserves the right at its sole discretion to disqualify any suspect participant and/or to cancel, terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, notice thereof will be posted at Telerik.com or other point of entry. If Telerik decides to reconvene the Sweepstakes after a suspension, the determination of the potential prize winner will be made, from among all eligible, non-suspect entries received as of the date of the suspension, as Telerik determines in its sole discretion. Entries not complying with all rules are subject to disqualification. If any provision or provisions of these terms and conditions are held to be invalid or unenforceable, all remaining provisions will remain in full force and effect. Telerik reserves the right in its sole and absolute discretion to terminate the Sweepstakes at any time without prior notice, or to alter any Sweepstakes rules at any time. The interpretations of these rules by Telerik are final in all matters relating to the Sweepstakes.
DISPUTES: You agree that (a) any and all disputes, claims, and causes of action arising out of or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by an appropriate court located in the Commonwealth of Massachusetts; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorney's fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all right to claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, your rights and obligations, or the rights and obligations of Telerik in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without giving effect to any choice of law or conflict of law rules (whether of Massachusetts law or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
FEEDBACK: You may, but are not obligated to, send feedback on any Telerik product, service, contest, or promotion to Telerik, but such feedback will not be considered confidential. By sending any information to Telerik, including confidential information and feedback, you grant to Telerik the worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully paid up rights to make, use, copy, modify, and create derivative works of any such information, and to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of any such information (and derivative works thereof).
RESULTS/RULES: To receive a copy of the winner's list or these rules, you may mail a written request to Telerik, Inc. at the address listed above.
IF YOU DO NOT WANT TO GRANT TELERIK ANY OF THE RIGHTS LISTED IN THESE TERMS AND CONDITIONS, DO NOT ENTER THE SWEEPSTAKES.