The AvantGo® Giveaway
Official Rules
No purchase required to enter or win. U.S. only, 18 years of age or older at time of entry. Void in Florida, Puerto Rico and where prohibited.
1. Eligibility: The "AvantGo Giveaway" (the "Contest") is open only to BlackBerry, Palm OS 5, Pocket PC and Symbian OS based device users who refer a friend who registers for the AvantGo service during the Contest period; new users who register for the AvantGo service through a referral; and existing users who reactivate their account by using the service after a 90 day hiatus from using the service. Contestants must be legal residents of the 50 United States (and the District of Columbia), except for Florida, who are at least 18 years of age at the time of entry and have a valid passport at time of travel. Employees, officers and representatives of Sybase 365, Inc. ("Sybase365") and related companies, as well as their employees and immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Subject to all federal, state and local laws and regulations. Odds of winning in this particular drawing depend on the number of eligible entries received for the drawing. Void in Florida, Puerto Rico, overseas U.S. territories, possessions, commonwealths, military installations and where prohibited by law.
2. Sponsor: Sybase 365, Inc., One Sybase Drive, Dublin, California 94568.
3. Agreement to Official Rules: By participating in the Contest (i.e., referring a friend who registers or registering as a friend that has been referred), each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor in all matters relating to this Contest, which are final and binding.
Prohibition Against Spam: Sybase 365 is strongly opposed to Spam, and you are expressly prohibited from using the referral functionality provided to distribute what you know or have reason to believe are unwanted e-mail messages. As a result, you agree to indemnify and hold Sybase 365, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your violation of this prohibition, including without limitation any applicable law, or the rights of any third party.
4. Timing: The Contest begins at 12:01:00 am Eastern Time ("ET") May 7, 2007 and ends at 11:59:59 pm ET August 31, 2007, (the "Promotion Period").
5. Eligible users of the AvantGo Service (as defined in Section 1, above) who refer a friend with a valid email address who completely and accurately registers for the AvantGo service in the time specified above will each receive (1) entry into the Contest for each referred friend with a valid email address who completely and accurately registers for the AvantGo service. Eligible users of the AvantGo Service (as defined in Section 1, above) who register for the first time for the AvantGo service in the time specified above will each receive (1) entry into the Contest. Eligible users of the AvantGo Service (as defined in Section 1, above) who reactivate their account in the time specified above will each receive (1) entry into the Contest. DUPLICATE ENTRIES WILL BE DELETED AS DETERMINED BY THE SPONSOR.
All eligible registrations must be received during the Promotion Period. Although subsequent attempts to enter may be received, only the first entry received from a particular individual will count, subsequent attempts to enter will be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of each e-mail address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned 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 submitted address. Potential winners may be required to show proof of being the authorized account holder.
6. Drawings: Prize Drawing: The Prize Drawing will be conducted randomly from amongst all eligible entrants for each prize category in accordance with these Official Rules on or about September 1, 2007. The drawing will be conducted in accordance with these Official Rules by Sponsor, and the selection of potential winners is final. Entrants selected must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Winners will be notified by email. Winners must be at least 18 years of age at the time of entry to be eligible. Except where prohibited, potential winners must sign and return to Sponsor, within ten (10) days of being notified, an affidavit of eligibility and liability/publicity release in order to claim his/her prize. If a potential winner cannot be contacted within ten (10) days after the first attempt to contact him/her or if he/she fails to sign and return the affidavits of eligibility and liability/publicity releases within the required time period, an alternate entrant will be selected in his/her place at random from among all eligible entries received for that prize category.
7. Prizes: Grand Prize: One (1) Grand Prize winner will win one (1) Panasonic TH-42PX77U Television. First Prize: One (1) First Prize winner will win one (1) Canon PowerShot SD1000 (silver) Camera. Second Prize: One (1) Second Prize winner will win one (1) Aliph Jawbone Bluetooth headset (gray). No cash or other substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right to substitute a prize or prize component with another of comparable or greater value. Winner is responsible for all taxes surcharges and fees associated with prize receipt and/or use.
8. Publicity: Except where prohibited, participation in the Contest constitutes winner's consent to Sponsors use of winner's name, likeness, voice, opinions, biographical information, hometown and state for advertising and promotional purposes in any media worldwide without additional notice or further payment or compensation, except where prohibited by law, including but not limited to publication of winner/guest list on any of Sponsors websites.
9. General Conditions: Sponsor reserves the right to cancel or modify the Contest if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Contest is a 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.
10. Release: By entering this Contest, entrant agrees to release and hold harmless, Sybase 365, Inc., its related companies, its parent and affiliates and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize.
11. Limitations of Liability: Sponsor is not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest.
12. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than the administration of the Contest or the determination of winners shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or the appropriate California State Court located in Contra Costa County, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys' fees; and (iii) under no circumstances will entrant 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. 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 Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
13. Winners List/Official Rules: Contest results and/or a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to AvantGo Automotive Survey Contest Winners/Rules, c/o Sybase365, Inc., One Sybase Drive, Dublin, California 94598. Requests must be received by November 1, 2007.