ROBERT CARDIN

PCWorld 2013 Ultrabook Giveaway Contest Rules

PCWORLD 2013 ULTRABOOK GIVEAWAY

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.

A PURCHASE OR PAYMENT WILL NOT IMPROVE THE CHANCES OF WINNING.

VOID WHERE PROHIBITED BY LAW.

1. General Conditions. The PCWorld 2013 Ultrabook Giveaway (the “Giveaway”) is sponsored by IDG Consumer & SMB, Inc., 501 Second Street, San Francisco, CA  94107 (“Sponsor”). The Giveaway is governed by these Official Rules (these “Rules”) and the laws of the United States. All applicable federal, state, and local laws and regulations apply. The Giveaway is void where prohibited or restricted by law. By entering the Giveaway, entering individuals (each an “Entrant”) agree to abide by the terms of these Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to the Giveaway.

2. Who Can Enter. The Giveaway is open to any natural person who is all of the following: (i) a registered user of www.pcworld.com (the “Sponsor Site”) at the time of entry; (ii) a legal resident of the 50 United States, including the District of Columbia; and (iii) eighteen (18) years of age or older at the time of entry. Officers, directors, and employees of Sponsor, or its parent, subsidiaries, affiliates, divisions, or agents (including without limitation advertising and promotion agencies), as well as immediate family members or members of the households (whether or not related) of any such persons, are NOT eligible to participate in the Giveaway or win a prize. “Immediate family members” means, with respect to a person, that person’s spouse, and that person’s and his or her spouse’s parents, step-parents, legal guardians, children, step-children, siblings, and step-siblings, and each of their respective spouses.

3. How to Enter. Potential Entrants may enter the Giveaway by sending an email address to contests@pcworld.com, (the “Submission Address”). If a potential Entrant has not previously registered as a user of the Sponsor Site, such Entrant must do so prior to completing and submitting an email to the Submission Address. Potential Entrants may become registered users of the Sponsor Site at no cost by completing the user registration form found on the Sponsor Site. Entrants to the Giveaway must supply the following information in their email:

· Personal contact information, including e-mail address, physical mailing address where potential prizes may be shipped, and a telephone number;

· The Entrant’s PCWorld user name (see registration page of Sponsor Site to register at no cost);

· Date of birth; and

· The words “PCWorld Ultrabook Giveaway” in the subject header of the email entry.

4. Entry Deadline. Potential Entrants may enter the Giveaway beginning at 12:01 a.m. PST on Thursday, June 27, 2013 and ending at 11:59 p.m. PST on Monday, July 8, 2013 (“Entry Period”). All entries must be received on or before Monday, July 8, 2013. Only one entry per individual may be submitted. If multiple entries are received from the same Entrant, Sponsor reserves the right to disqualify all of such Entrant’s entries. Late, incomplete, computer-generated script, or other automated entries are not eligible and are void. Sponsor is not responsible for lost, misplaced, or illegal entries, telephone, modem, broadband, or facsimile machine failure, or for incomplete, garbled, or delayed transmissions.

5. Prizes. Four (4) prizes will be awarded.  The prizes consist of Lenovo Ideapad Yoga 13, approximate retail value (“ARV”) $1,000; Asus Vivobook S400, ARV $640; Lenovo ThinkPad Twist, ARV $740; and Samsung Series 9, ARV $1,100 (each, a “Prize”).  Each Prize will run a version of the Microsoft® Windows 8® operating system. The total approximate retail value of all of the Prizes collectively is $3,480.00. No Prize is exchangeable, transferable, or redeemable for cash. Sponsor reserves the right to substitute for a Prize one or more items of equal or greater value. No winner may receive more than one prize. Each winner is solely responsible for the reporting and payment of any federal, state, provincial, local, and other taxes, fees, insurance, or other amounts owed on his or her Prize or any other liabilities incurred in connection with the Giveaway (other than standard fees associated with shipping the Prize to the winner’s address, for which Sponsor will be responsible). For purposes of compliance with tax regulations, each winner must provide his or her Social Security number to claim a Prize. Only the winners will need to provide this information. If required, Sponsor may issue each winner an IRS Form 1099 for the value of his or her Prize.

6. Prize Drawing; Odds of Winning. The Prize drawing will be held on or around Tuesday, July 9, 2013, at Sponsor’s offices. Four (4) winners will be selected by random drawing by a representative of Sponsor from among all eligible entries received. The odds of winning depend on the number of eligible entries received. Sponsor estimates that at least approximately 560,000 individuals were registered users of the Sponsor Site as of the commencement date of the Giveaway. However, the number of registered users as of the beginning of the Giveaway may not be an accurate indicator of participation in the Giveaway, and the actual number of Entrants may be smaller or greater than this number, given that additional individuals may become registered users after the commencement of the Giveaway and not all registered users are likely to participate in the Giveaway

7. Winner Notification and Prize Claim. Each winner will be notified via e-mail sent to the address specified in the winner’s entry. Each winner  will be required to respond to the e-mail to acknowledge the winner’s desire to receive a Prize, and each winner  may be required to (i) provide his or her full mailing address for the purpose of receiving a Prize, which address must be within the 50 United States including the District of Columbia, (ii) verify his or her social security number, and (iii) sign and return an Affidavit of Eligibility, W-9 form, and where lawful, a publicity release, upon Sponsor’s request. If (a) Sponsor does not receive a winner’s complete response  within the time specified in the Prize notification, (b) a Prize Notification or a Prize is returned as undeliverable, (c) a winner  fails to sign and return any required documents according to Sponsor’s instructions, (d) a winner otherwise fails to claim a Prize properly, or (e) a winner is determined to be ineligible, then that winner’s Prize will be awarded to a replacement winner drawn at random from the pool of remaining eligible Entrants. The replacement winner will need to satisfy all of the requirements of these Rules. This process will be repeated until all Prizes are awarded. It is the sole responsibility of each Entrant to notify Sponsor of any change in e-mail address. In the event of a dispute regarding who submitted a winning entry, the entry will be deemed submitted by the Authorized Account Holder of the e-mail account specified in the entry. “Authorized Account Holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address. A winner may be requested to provide Sponsor with proof that he/she is the Authorized Account Holder of the e-mail address associated with a winning entry.

8. Disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any Entrant that Sponsor determines (a) has tampered with the entry process, the operation of the Giveaway, or the Sponsor Site or affiliated websites, (b) has acted in an unsportsmanlike or disruptive manner, or with intent to annoy or harass Sponsor, other Entrants, or any other person or entity; or (c) to be ineligible under, or otherwise in violation of, these Rules. Any attempt by an Entrant to commit any of the acts of misconduct set forth in this section may be a violation of civil and criminal law and Sponsor reserves the right to seek damages from such Entrant to the fullest extent permitted by law.

9. Termination. Sponsor reserves the right, in its sole discretion, to suspend, modify, or terminate the Giveaway at any time for any reason, including but not limited to as a result of fraud, financial or administrative difficulties, a technical problem (such as a computer virus/bug), or unauthorized intervention that corrupts the administration, security, fairness, integrity, or proper functioning of the Giveaway. Should the Giveaway ever terminate, notice will be posted on the Sponsor Site and Sponsor will announce an alternate means for awarding the Prizes.

10. Representations. By entering the Giveaway, each Entrant represents and warrants to Sponsor that: (i) the Entrant meets all eligibility requirements of the Giveaway (including, without limitation, that Entrant is at least eighteen (18) years of age); (ii) the Entrant is the owner of the e-mail address through which Entrant registered for the Giveaway; and (iii) in entering the Giveaway, the Entrant will comply in all respects with these Rules and all applicable statutes, orders, regulations, and other laws.

11. Limits of Liability; Release. By entering the Giveaway, each Entrant agrees that Sponsor, and any other manufacturer or supplier of any Prize component will not have any responsibility whatsoever for losses or damages of any kind that result from entry or participation in the Giveaway or the acceptance, possession, or use of any Prize. To the maximum extent permitted by law, by entering the Giveaway, each Entrant releases and holds harmless Sponsor, and any other Prize manufacturers and suppliers, each of their respective parents, subsidiaries, affiliates, and divisions, and each of their respective officers, directors, employees, and agents (including but not limited to advertising and promotion agencies) from any and all losses, damages (including but not limited to direct, indirect, incidental, consequential, punitive, statutory or other damages), costs, and liabilities of any kind arising out of or in connection with: (a) the Giveaway; (b) any violation by Entrant of these Rules or applicable laws; (c) the acceptance, possession, receipt, or use of any Prize; (d) any incorrect, incomplete, or inaccurate information caused by any technical, human, or other errors that may occur in the operation of the Giveaway, including without limitation any printing or typographical errors in any Giveaway materials; (e) any technical malfunctions (errors, omissions, interruptions, deletions, defects, or delays in operation or transmission) or unavailability of any computer, on-line system, network, telephone, modem, facsimile machine, server, or other communications equipment or provider, including but not limited to any e-mail transmission failure (proof of transmission does not constitute proof of delivery); (f) any stolen, misdirected, incomplete, illegible, improperly transmitted, lost, late, ineligible, non-conforming, or damaged entries, notices, forms, or other correspondence; or (g) any conditions arising from events beyond Sponsor’s reasonable control. THE PRIZES ARE GIVEN AWAY BY SPONSOR “AS-IS.” SPONSOR DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE GIVEAWAY OR ANY PRIZE, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER SPONSOR NOR ANY OF ITS PARENT, SUBSIDIARIES, OR AFFILIATES WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE GIVEAWAY, THESE OFFICIAL RULES, OR ANY PRIZE, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED.

12. Use of Data. Entrants should refer to Sponsor’s Privacy Policy (found here) for important information regarding the collection, use, and disclosure of Entrants’ information. Sponsor reserves the right to use any information related to the Giveaway, including information on Entrants obtained through the registration for the Giveaway, in any manner permitted by Sponsor’s Privacy Policy or these Rules. These Rules will govern in the event of any conflict between these Rules and Sponsor’s Privacy Policy. Each Entrant acknowledges and agrees that all entry data become the property of Sponsor and will not be returned. By entering the Giveaway, each Entrant grants to Sponsor the right to use and publish Entrant’s name, user name, state of residence, and any other information in the winning entry in any media throughout the world, in connection with the Giveaway, without additional compensation or notification, except to the extent prohibited by law. By accepting a Prize, each winner acknowledges and agrees to the use by Sponsor, without additional compensation or notification, of his or her name, likeness, photograph, voice, and biographical material in any media now known or hereafter devised throughout the world in perpetuity for Sponsor’s advertising, marketing, promotion and other purposes, except to the extent prohibited by law.

13. No Endorsement. Nothing contained in these Rules or in any of the Giveaway materials should be construed as an endorsement by Sponsor of any third party, product, or service.

14. Winner’s List. To obtain a copy of the winners’ list, send a written request, along with a stamped, self-addressed envelope, to: Nelson Hong, IDG Consumer & SMB, Inc., 501 Second Street, San Francisco, California 94107. Winner’s list requests must reference the name of the Giveaway (the “PC World 2013 Ultrabook Giveaway”) and must be received within six (6) months of the drawing date.

Questions regarding the Giveaway may be directed to: forums@pcworld.com, with subject line “Ultrabook Giveaway.”

15. Mailing List. For information on how to be removed from our mailing list, click here.

16. Intellectual Property. These Rules, the Sponsor Site, and all other Giveaway-related materials and code are protected by Sponsor’s copyrights. Copying or unauthorized use of any copyrighted materials, trademarks or any other intellectual property without the express written consent of the owner is strictly prohibited.

17. Miscellaneous. These Rules are governed by, and must be construed in accordance with, the laws of the State of California (without giving effect to any conflict of laws principles). Except where prohibited by law, any disputes, claims, and causes of action between Sponsor and an Entrant arising out of or relating to these Rules, the Giveaway, or a Prize shall be resolved exclusively by arbitration pursuant to the Rules of the American Arbitration Association effective, and any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred by participant relating to this Giveaway, but in no event attorneys’ fees, punitive, incidental, consequential or other damages. All necessary proceedings shall take place in San Francisco County, California.  Sponsor and each Entrant irrevocably waive any objection to the venue and jurisdiction of such courts. If any part of these Rules is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such part will be modified by such court to the minimum extent necessary to make it enforceable while preserving to the maximum extent possible the original intent of Sponsor, and the remaining parts of these Rules will remain in full force and effect.

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