PARDOT LICENSE TO SELL SWEEPSTAKES
1. NO PURCHASE, PAYMENT OR TEXT MESSAGE NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR TEXT MESSAGE WILL NOT INCREASE YOUR CHANCES OF WINNING. The Pardot License To Sell Sweepstakes (“Sweepstakes”), is sponsored by Salesforce.com, Inc. (“Sponsor”). By participating in this Sweepstakes, you agree to these official rules and regulations (“Official Rules”) and the decisions of the judges, administrators and Sponsor which are final and binding in all aspects.
2. ELIGIBILITY: Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia (“Eligibility Area”) who (i) are at least eighteen (18) years or at least the age of majority in their state of residence at the time of entry and (ii) who hold a valid driver’s license. Employees, officers, directors and agents (and their immediate families and household members regardless of where they live, or members of the same households [whether related or not]) of Sponsor and WebDecoder, their parents, divisions, affiliates, subsidiaries, agents, promotional partners, advertising/promotion agencies, event staff, and prize suppliers (collectively “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply.
3. TO ENTER: There are three (3) methods to enter the Sweepstakes:
4. LIMIT ONE (1) ENTRY PER PERSON, PER EMAIL, HOME ADDRESS OR MOBILE NUMBER REGARDLESS OF THE METHOD OF ENTRY. Entries will be disqualified if they are late, incomplete, postage due, damaged or illegible and/or in excess of the stated entry limits. Entry information becomes the property of Sponsor and will not be returned. Sponsor’s computer will be the official time clock for the Sweepstakes. In the event of a dispute as to any online entry, the authorized account holder of the email address associated with the entry, at time of entry, will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the email address by the email provider. Potential winner may be required to show proof of being the authorized account holder. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed or similar methods will be void. Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned.
5. PRIZES: One (1) Grand Prize winner will receive a 2015 Fiat 500 Abarth vehicle. The approximate retail value of the Grand Prize is $29,000. Limit one (1) prize per household. Except as otherwise stated in Section 3, the winner need not be present to win. WINNER IS RESPONSIBLE FOR TITLE, LICENSE, REGISTRATION, AUTO INSURANCE, TRANSPORTATION FEES, AND ANY OTHER FEES ASSOCIATED WITH THE PRIZE. Winner is solely responsible for making any and all necessary arrangements and payments for delivery of the prize within thirty (30) days of prize award or prize will be forfeited and an alternative winner may be selected from among all eligible entries received.
6. ADDITIONAL PRIZE RESTRICTIONS: In addition to all other requirements set forth in the Official Rules, the potential winner must provide (i) proof of age; (ii) a valid driver’s license; (iii) obtain auto insurance for the vehicle prior to picking up the vehicle and (iv) must be willing to assume legal and financial responsibility for the vehicle. Car title and all risk associated with the vehicle will transfer to the prize winner at the time the winner takes possession of the vehicle. Any prize details and restrictions not specified above will be determined by Sponsor in its sole and absolute discretion. Any costs and expenses not specifically described herein as part of the prize are the sole responsibility of the winner. Prize is non-transferable; no substitutions or cash awards allowed, except at the discretion of Sponsor in which case a prize of equal or greater value will be awarded. All taxes (including without limitation federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the winner. The prize winner will be required to return an IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prize received. Sponsor makes no representations regarding the tax liability associated with any prize, and winners are advised to seek counsel regarding any tax liabilities associated with their prize.
7. RANDOM DRAWINGS/ODDS/WINNER NOTIFICATION: On September 18, 2015, Sponsor will conduct a random drawing from among the eligible entries received, to select one (1) potential Grand Prize winner. The potential winner will be notified by email, phone and/or regular mail directly following the random drawing. Odds of winning the prize depend on the total number of eligible entries received. Potential winner will be notified via the email address or phone number used to enter the Sweepstakes. The winner will be instructed to e-mail or telephone the Sponsor’s representative at a specified e-mail address or telephone number within seventy-two (72) hours after the notification. Winner must respond via email or telephone, identify him/herself and confirm his/her eligibility and ability to accept the prize. A potential winner will only be notified one time as set forth above for attempted prize notification. Proof of identify, age, and/or legal residence may be required to claim the prize. Potential winners may also be required to complete a notarized affidavit of eligibility, a liability release and (where legal) a publicity release, which must be returned within the time period specified in potential winner’s notification. Any potential winner may be disqualified at Sponsor’s sole discretion if: (a) any required documents are not completed and returned within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules, or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, assuming there is sufficient time available for winner notification and verification, at Sponsor’s sole discretion the prize may be awarded to an alternate winner selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. No responsibility is assumed by Sponsor for any incorrect postal address, email address or phone number associated with an entry, or any change of address, email or phone number of entrant after entry submission.
8. GENERAL: Sweepstakes Entities and Internet/wireless access providers are not responsible for incomplete, late, lost, misdirected or postage-due entries or mail, or for any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Sweepstakes. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Sweepstakes Entities are not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Sweepstakes Entities are not responsible for injury or damage to entrant’s or to any other person’s computer(s), wireless devices, other equipment or person(s), related to or resulting from participation in the Sweepstakes or downloading materials from or using any website. In the event of any conflict between any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes advertising materials, the details of the Sweepstakes as set forth in these Official Rules shall prevail. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and to select the prize winner from among the applicable eligible entries received up to the time of such cancellation, termination, modification or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Screen shots or any other evidence of entry submission will not be deemed receipt of any such entry. Entry must be made by the entrant and via the means described above in Section 3 only. You are not a winner until your entry has been verified and you have complied with these Official Rules.
9. RIGHTS OF PUBLICITY: By entering this Sweepstakes, unless prohibited by law, each potential winner consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation, and may be required to provide a signed release acknowledging such consent. Moreover, by entering this Sweepstakes, unless prohibited by law, each potential prize winner agrees to grant to Sponsor and its licensees, affiliates and assigns, the right to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the prize winner’s respective name, likeness (actual or simulated), voice (actual or simulated) and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further, without such additional compensation, appear for or provide biographical information for use in any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion.
11. RELEASE AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY AND HOLD THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, “RELEASEES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES, ATTENDANCE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR OF PERSONALLY IDENTIFIABLE INFORMATION OF THE ENTRANTS, OR FOR ANY PRINTING, PRODUCTION, TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE PRINTING, OFFERING OR ANNOUNCEMENT OF ANY PRIZE.
12. LIMITATION OF LIABILITY: IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF ANY WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE, THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ATTENDANCE OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. THE SWEEPSTAKES, ALL PRIZES AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. GOVERNING LAW: Except where prohibited, each entrant agrees that 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 the appropriate court located in San Francisco, California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, 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.
(b) Severability: Headings: If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
(c) Winners & Rule Request: To receive the name, city and state of the winner or to receive a copy of these Official Rules, send a self-addressed, stamped envelope to: Pardot License to Sell Sweepstakes “Official Rules” or “Winner List” (specify which), PO Box 11508, Bozeman, MT 59719-1508. Requests must be received by November 15, 2015. VT residents may omit return postage. Rules may also be found online at http://www2.pardot.com/l/1/2015-08-14/3d55t1.
(d) No Affiliation. Fiat is not a sponsor or, or otherwise affiliated with, this promotion. The identification of prizes by the names of their respective manufacturers or resellers is not intended to imply that this Promotion has been authorized, sponsored, or otherwise approved in any way by any of Fiat or resellers so identified and such authorization, sponsorship or approval is expressly disclaimed.
15. INTELLECTUAL PROPERTY; DISCLAIMER: The software platform and intellectual property that powers this Sweepstakes is being provided by WebDecoder®. The registered trademark WebDecoder® is the property of Hidden Image Technology Solutions, LLC. Other trademarks and tradenames appearing in these Official Rules are the property of their respective owners.