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Toad’s 10th Birthday Celebration – iPod Nano Giveaway – Official Rules
- No purchase necessary. Purchases do not alter chances of winning.
- Promotion is only open to legal residents of the United States of America and Canada who are 18 years of age or older. Only one entry per person will be accepted. Duplicate entries will be discarded. Employees and family members of Quest Software, Inc. (“Quest”) and its affiliates are not eligible. Each participant warrants and represents that participant’s employer’s policy permits participating and accepting prizes in trade promotions. Promotion only valid to participants from Quest Software approved Web sites and e-mail blasts. Participants from other Web sites are not eligible. By participating, entrants agree to these Official Rules and the decisions of Quest which are final and binding in all respects. Void where prohibited.
- To enter, simply submit your user story at http://www.toadworld.com/LandingPages/ToadisTurning10/BestToadStory/tabid/377/Default.aspx, with a valid corporate e-mail address and your telephone number, which will be used to notify winners. Users of free email accounts such as Hotmail®, Gmail® and Yahoo® cannot enter this promotion. In addition, you must enter the CAPCHA code as displayed at the time of your submission.
- Promotion starts at 12:01AM on June 26, 2008 and ends at 11:59PM on August 8, 2008. All times are Pacific Daylight Time. Quest’s clock is the official time keeper.
- Entries will be judged by three criteria: i) most complex problem resolved using Toad; ii) most novel solution using Toad; and iii) best descriptions of both the problem and Toad solution. Entries will earn a maximum of 10 points in each category for a possible grand total of 30 points. The five entries judged to earn the highest point totals will be selected as the winners.
- Before submitting your user story, you must click in the box provided confirming that you have read and agree to these Official Rules. Once a story is submitted it cannot be changed, altered or modified; it becomes the sole property of Quest and will not be returned. Correspondence and inquiries concerning the Promotion will not be accepted sole opinion of Quest is deemed to be inappropriate for publication will be disqualified. Entries (i) must be the original and sole creation of the submitting entrant, and all right, title and interest including but not limited to the copyright in any Entry, must be owned solely by the submitting entrant, (ii) may not have been submitted in any other competition, (iii) may not have been published, (iv) may not infringe upon any third party's rights, including but not limited to, copyright, patent or trademarks/trade names/logos, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light, (v) may not violate any law, rule or regulation, (vi) may not contain any virus, bugs, or other deleterious material, and (vii) may not, for example but not limited to, contain profanity, defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic groups, threats to any person, place, business, group or world peace; and each entrant warrants and represents that his/her Entry complies with all of those conditions. Any non-complying Entry will be subject to disqualification. Entries cannot name, depict or describe any person (living, dead, or fictional) other than the Entrant, and cannot contain any material that is protected by copyright. By entering, each Entrant grants permission for the use of his/her Entry, and his/her name and business name, to be posted on the Internet and Web site or any web sitein connection with this Contest, and the advertising, promotion, and publicity of the Contest, and otherwise, as stated in these Official Rules (as solely determined by Quest); and each Entrant warrants and represents that he/she has all right and authority to grant such permission. Notwithstanding anything to the contrary, however, there is no obligation of Quest or any other person or entity to post or make any use of the Entry of any particular entrant.
- Winners will be notified by 5:00PM on August 14, 2008. Winning entries will be published on August 15, 2008 on www.ToadWorld.com.
- Prizes. Five (5) iPod Nanos (approximate value $200 US) will be awarded to the five (5) contestants who submitted the five best user stories, based on judging criteria above. Only one prize will be awarded per contestant. If a prize winner cannot accept the prize as stated, the prize will be forfeited in its entirety and awarded to an alternate winner. Each participant warrants and represents that participant’s employer’s policy permits participating and accepting prizes in trade promotions. Expenses not stated are the sole responsibility of the prize winner. Prize cannot be transferred, assigned, substituted or redeemed for cash, but Quest reserves the right to substitute a prize of comparable or greater value should the prize become unavailable for any reason. All taxes are the sole responsibility of the winner. Odds of becoming a potential winner depend on the number of eligible entries received.
- Quest will judge the entries, and the decisions of Quest will be final. Quest reserves the right to discontinue the contest at any time for any reason.
- Quest is not responsible for incomplete or incorrect information provided at the time of product registration and download, or for electronic or computer delays or malfunctions.
- Official copies of these contest rules and a list of winners of this contest may be obtained by contacting Emerald.Pinkerton@quest.com by October 30, 2008.
- GENERAL: By entering, entrants release and agree to indemnify and hold harmless Quest Software, its affiliates, subsidiaries, advertising, public relations and promotion agencies and all of their respective officers, employees, directors, representatives and agents (individually and collectively “Releasees”) from and against all liability, claims, actions, or proceedings, losses, injuries and damages (whether due to negligence or otherwise) to person(s), including death, and property, or violation of intellectual property rights or personal rights (such as but not limited to, copyright, patent, trade name/trademark, and/or rights of privacy or publicity, or defamation, slander or libel, or portrayal in a false light), or breach or failure of any representation or warranty, due in whole or in part, directly or indirectly to the acceptance, possession, misuse or use of the prize, or participation in this Promotion, or participation in any Promotion-related activity. By accepting the prize, winner consents (and agrees to confirm that consent in writing upon request) to Quest and those acting pursuant to the authority of Quest, the right, in perpetuity, to the use of his/her name, company name, and user story, at any time or times and in all media now known or hereafter discovered, worldwide, including on the Internet and World Wide Web, for advertising, commercial, trade and promotional purposes without additional compensation (unless prohibited by law), and without notice, review or approval. Potential winner may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful a Publicity Release within seven (7) days of receipt of the documents. If documents are not returned timely, or if the prize notification or prize is returned as non-deliverable, or if the winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize may be forfeited and an alternate winner selected.
- IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF EFFORTS TO CREATE OR SUBMIT THE USER STORY TO SAID WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE 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. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- DISPUTE RESOLUTION/CHOICE OF LAW: Except where prohibited, participants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by an action in the courts in California (United States of America) and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys' fees or disbursements; and (c) under no circumstances will participant be permitted to obtain awards for and 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 Official Rules, or the rights and obligations of participant and/or Releasees in connection with this Promotion, shall be governed by, and construed in accordance with U.S. / California laws without regard for conflicts of law doctrine of any jurisdiction.
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