HDX 6000-View™ Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
BY ENTERING THIS PROMOTION YOU UNDERSTAND IF YOU ARE A VERIFIED
WINNER, THE PRIZE IS AWARDED TO YOUR EMPLOYER
AT THE TIME OF YOUR ENTRY IN THE PROMOTION.
(1) Description of Sweepstakes – Polycom, Inc. (the “Sponsor”) is offering the “HDX 6000-View™ Sweepstakes” (the “Promotion”) and will award one (1) Grand Prize via a random selection from eligible Entrants. The Promotion period begins at 12:00:01 AM Pacific Time (“PT”) on April 1, 2012 and ends at 11:59:59 PM PT on June 30, 2012 (“Promotion Period”). By participating in the Promotion, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor and Administrator, which shall be final and binding in all respects.
(2) Eligibility - The Promotion is open only to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico and all other US territories) who are at least 18 years of age and the age of majority in their jurisdiction of residence and professionally employed with telecommunications responsibilities as of April 1, 2012. Employees of any municipal, state or federal government or government agency are not eligible. Employees or principals of companies who are Polycom resellers, distributors, channel partners or CHOICE partners are not eligible Employees, officers and directors of Polycom, Inc., its parents, affiliates, subsidiaries, divisions, advertising, promotional, fulfillment and marketing agencies, (collectively “Promotion Entities”) their immediate families (parent, child, sibling & spouse) and persons living in the same households of such individuals (whether related or not), are not eligible to participate in the Promotion. Void in Puerto Rico, all other US territories and where prohibited or restricted by law, rule or regulation or employment policy. All federal, state and local laws and regulations apply.
(3) How to Enter – Access the website provided in the e-mail and complete the Promotion Registration form with your first and last name, e-mail address, your company name, company phone number and title/responsibility, (your “Entry”). You may elect to receive electronic communication from the Sponsor, however opting to receive electronic communication is not a requirement of entry nor does it improve your chances of winning. There is a limit of one (1) Entry per person.
(4) Grand Prize – One (1) Entrant will be randomly selected to receive two (2) Polycom® HDX 6000-View™, Approximate Retail Value (“ARV”), $9,998. There is one (1) prize available with an overall ARV of $9,998. The odds of winning depend upon the number of eligible Entries received (i.e., if there are 100,000 Entries received, the odds of winning are 1 in 100,000). The ARV of the prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. The Polycom® HDX 6000-View™ supports H.323 and SIP video protocols. To receive high definition video quality, 512 kpps is required in a point-to-point call. Implementation services are not included, but may be separately purchased from a certified Polycom Reseller, if required.
(5) Prize Awarding – The winner will be selected in a random drawing conducted on or about July 7, 2012. Attempts will be made to contact the potential winner within five (5) business days of the drawing by phone and/or e-mail, and potential winners will be required to satisfactorily complete and return an Affidavit of Eligibility and a Liability/Publicity Release/W-9 (unless prohibited by law), (“Affidavit”). The Affidavit must be returned within ten (10) days of Sponsor’s first provision of the document. The W-9 portion of the Affidavit will be used for Sponsor’s compliance in filing US Tax Form 1099. Potential winner will also be required to send a copy of his/her passport, driver’s license, birth certificate or other appropriate documentation (acceptable to Sponsor) as proof of age and residency. Potential winner must be employed by the company identified on their registration forms at the time of selection to be verified as winners. In completing the Affidavit, potential winner will be required to provide proof of employment and to identify the company officer that will accept the prize on behalf of the winner’s company/employer; the company officer will be required to sign/execute the Affidavit as well. Non-compliance with any of these requirements will result in disqualification, forfeiture of the prize and the selection of an alternate winner. Return of prize notification and/or the Affidavit/Release as undeliverable will result in disqualification, forfeiture of the prize and the selection of an alternate winner. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL PROMOTION WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Entrants grant (and represent that each has the right to grant) Sponsor the right to use and publish winner's proper name, winner’s employer and employer’s city and state online in connection with the Promotion. Acceptance of a prize constitutes permission for Sponsor to use winner's name and likeness solely for advertising and promotional purposes as Sponsor so determines without notice or further compensation, except where prohibited by law. Prize recipient shall not be permitted to (a) replace his/her designated prize with another prize or item (b) transfer or assign his/her designated prize to another person or (c) redeem his/her designated prize for cash. All federal, state, local, and other taxes on prizes are the sole responsibility of the business entity or person accepting the prize.
(6) General; Limitation of Liability - Sponsor is not responsible for technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, software, or web site. Sponsor is not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, for incorrect or inaccurate Entry information, howsoever caused, or other error of any kind whether human, mechanical or electronic. Entrants found tampering with or abusing any, aspect of this Promotion, as solely determined by the judges, will be disqualified. If disqualified for any of the above abuses, Sponsor reserves the right to terminate Entrant's eligibility to participate in the Promotion. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to terminate, cancel, suspend and/or modify the Promotion if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the Grand Prize at random from among the eligible Entries received up to the time of the impairment. The Promotion and the rights and obligations of Sponsor and Entrants will be governed by and controlled by the laws of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely in the Superior Court of San Francisco County and/or the United States District Court for the Northern District of California, which shall have exclusive jurisdiction and venue over all controversies in connection herewith, including but not limited to any actions, disputes or other matters pertaining to or arising out of the Promotion. Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, 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. SPONSOR’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS PROMOTION, WHETHER IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE STATED ARV OF THE PRIZE OFFERED HEREUNDER. In the event any provision of these Official Rules will be held to be unenforceable, these Official Rules will continue in full force and effect without such provision. These Official Rules are intended to be the complete, final and exclusive statement of the terms of the agreement between each Entrant and the Sponsor relating to the subject matter hereof.
(7) RELEASE: BY PARTICIPATING IN THE PROMOTION OR RECEIPT OF ANY PRIZE, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS POLYCOM, INC., EXTRA MILE MARKETING, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AGENTS, ATTORNEYS AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTION OR ANY PORTION THEREOF OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. ADDITIONALLY, EACH ENTRANT HEREBY RELINQUISHES AND WAIVES ALL RIGHTS THAT S/HE HAS, OR MAY HAVE, OR MAY CLAIM TO HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
(8) Information about the Winner – To receive the name of the winner, send a self-addressed stamped envelope for receipt by July 7, 2012 to: Polycom HDX 6000-View™ Sweepstakes Winner Information, PO Box 12055, Scottsdale, AZ 85267-2055. (WA and VT residents may omit return postage.)
4750 Willow Road
Pleasanton, CA 94588-2762
Extra Mile Marketing (“Administrator”)
16611 N. 91st Street, STE 106
Scottsdale, AZ 85260-1523