EdgePeak Consulting, LLC Survey Drawing Rules
NO PAYMENT OR PURCHASE IS NECESSARY TO ENTER OR WIN. A PAYMENT OR PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. GENERAL CONDITIONS: The Survey Drawing (the “Drawing”) is sponsored by EdgePeak Consulting, LLC, 21059 Manita Ct, Cupertino, CA 95014 (the “Sponsor”) and administered by EdgePeak Consulting, LLC (the “Administrator”). By entering the Drawing, each entrant agrees to abide by the terms of these Official Rules (the “Rules”) and by the decisions of the Administrator and Sponsor, which shall be made in their sole and absolute discretion and are final and binding on all matters relating to the Drawing. The Drawing is governed by the laws of the State of California and applicable U.S. federal law, without regard to any conflicts of laws principles. The Drawing is void where prohibited by law. The Drawing is also governed by the privacy policies of EdgePeak Consulting, LLC (www.edgepeakllc.com/privacy-policy/) (the “Privacy Policy”), although the Rules will govern in the event of any conflict between the Privacy Policies and the Rules.
2. ELIGIBILITY: The Drawing is open only to legal residents of the United States and certain countries outside the United States who are at least eighteen (18) years of age as of the beginning of the Drawing Period, have Internet access, have an email account, and have either completed the survey (the “Survey”) made available to them from the Sponsor or have otherwise entered the Drawing pursuant to the terms hereof. Employees, officers, and directors of Sponsor, Administrator, and their respective parents, subsidiaries and affiliates are not eligible to enter or win, nor are immediate family members or household members. “Immediate family members” means parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, and spouses. “Household members” means those people who share the same residence at least three months a year.
3. HOW TO ENTER: No payment or purchase is necessary, and a payment or purchase will not increase your chances of winning. The Drawing begins upon distribution of each Survey as identified on such Surveys (the “Drawing Period”). You will be automatically registered for the Drawing once you have completed the Survey, and have supplied your e-mail address. In addition, you may enter the Drawing without completing the Survey by sending an email with the heading “Drawing” to the following email address: surveys@edgepeakLLC.com. All entries must be received within 60 days of the initial distribution of each Survey (the “Deadline”). Proof of submission is not proof of receipt, and the Sponsor-designated computer is the only valid official time-keeping devices for the Drawing.
Limit one (1) entry per person and one (1) entry per email address. Multiple entries received from any person or email address after the first entry received from that person or email address will be void. Entries without all of the required information will be disqualified. In addition, Sponsor will have no responsibility for, and will have the right to refuse in its sole and complete discretion, any mass entries or reproductions, any entries that have been tampered with or that reflect an attempt to tamper with the Sponsor website or the entry process, and any entries that are late, lost, stolen, illegible, misdirected, damaged, inaccurate, or incomplete, whether due to Internet or email server failure or otherwise. Sponsor and its agents are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Sponsor reserves the right to modify the scheduling of the Drawing without prior notification. Any attempt at entry except as above stated is void.
The Sponsor will be collecting e-mail addresses from participants when they register and enter the Drawing. By participating in the Drawing, you agree to all of the terms and conditions of the Privacy Policies. It is the entrant’s responsibility to inform the Administrator if the entrant’s contact information changes after the entry is submitted. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the entry is submitted.
4. WINNER SELECTION AND NOTIFICATION: The prize winners (“Winners”) will be selected in a random drawing. Using the e-mail address provided in the Drawing entry (“Prize Notification”), the Winners will be notified and awarded the prize in the form of an electronic gift card in the amount specified in the Survey’s instructions. The Sponsor is not responsible for the failure for any reason whatsoever of any Winners to receive their Prize Notification or for Sponsor to receive a Potential Winner’s responses and/or Drawing Documents. Return of any Prize Notification or Drawing Documents as undeliverable, the inability of Sponsor to contact a Winner, the inability of a Winner to accept or receive the Prize for any reason, and/or the non-acceptance by a Winner of any Prize for any reason will result in disqualification of such Winner, and an alternate Winner will be selected using the methods described above.
5. PRIZES: Each prize winner will receive a gift card whose value will not exceed $200 (Total ARV of less than or equal to $200) (the “Prize”). Odds of winning depend on the number of eligible entries received before the Deadline.
6. PRIZE CONDITIONS: All Prize values are stated in United States dollars, and may be stated in local currencies at the Sponsor’s discretion. Selection, details and specifics of all Prizes will be determined at the Sponsor’s sole discretion. If a stated Prize is unavailable, Sponsor has the right to substitute one or more items of equal or greater value, in its sole and absolute discretion. Winner is not entitled to any surplus between the actual retail value of the Prize and its stated ARV. No cash redemption or prize substitution or exchange allowed. All Prizes are non-transferable. Winner will be solely responsible for complying with any and all applicable federal, state, provincial, local or other statutes, regulations, and other laws and for bearing any VAT, withholding taxes, personal income taxes, customs duties or other taxes, fees, insurance, surcharges or other costs relating to the Prize.
ALL PRIZES, AND ALL PRODUCTS, SERVICES, OR ITEMS PURCHASED WITH ANY PRIZE, ARE PROVIDED AND AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. SPONSOR DOES NOT MAKE, AND EXPRESSLY DISCLAIM, ANY WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING ANY PRIZE OR ANY PORTION THEREOF, OR ANY PRODUCT, SERVICE OR ITEM PURCHASED WITH ANY PRIZE, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Acceptance, participation in and/or use of the Prizes, and any products, services or items purchased with the Prizes, are at the Winner’s sole risk and Sponsor is not responsible for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of any of the Prize or any products, services or items purchased with the Prize. Prizes will be awarded by email using the information provided in the Drawing Entry.
7. REPRESENTATIONS: By entering the Drawing, each entrant represents and warrants that: (a) the entrant meets all eligibility requirements of the Drawing; (b) in entering and participating in the Drawing, the entrant has complied with and will comply in all respects with these Rules and all applicable statutes, regulations and other laws; (c) the information provided in the entrant’s entry, including without limitation all contact information, is true, accurate and complete in all respects; and (d) with regard to referrals made by email, the entrant has sent the referrals only to his or her contacts and has not engaged in “spamming” or similar forms of mass email distribution.
8. RELEASE: All decisions of Sponsor are final and binding, and entrants agree to waive any right to claim ambiguity in the Drawing or these Rules, except where prohibited by law. To the maximum extent permitted by law, by entering the Drawing, each entrant releases and holds harmless the Sponsor, Administrator, the Prize manufacturers or suppliers, any other entities involved in the administration of the Drawing, each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and representatives (the “Sponsor Parties“) from any and all responsibility, liability, damages (including without limitation direct, indirect, incidental, consequential, punitive, statutory and other damages), losses, costs, or expenses of any kind arising out of or relating to: (a) the Drawing and participation in the Drawing by the entrant; (b) any violation by the entrant of these Rules or applicable laws; (c) the acceptance, possession, receipt, or use of any Prize or any product, service, or item purchased with any Prize; (d) any entries that have been tampered with, or that evidence an attempt to tamper with the Sponsor website or the entry process, or that are misdirected, incomplete, non-conforming, corrupt, lost, late, or ineligible; (e) any problems or technical malfunctions (including but not limited to errors, omissions, interruptions, deletions, defects, or delays in operation or transmission) of any computer, telephone, modem, cable, satellite, network, hardware, online system, server, software, or other equipment or provider, including any incorrect, incomplete, garbled or jumbled information resulting there from; (f) any Internet traffic congestion or website accessibility or delays; (g) printing or typographical errors in any Drawing-related materials; or (h) any other technical or human error that may occur in connection with the Drawing (the “Causes“). If anyone makes any claim against any of the Sponsor Parties arising out of or relating to any of the Causes attributable to the entrant, the entrant will pay for any damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys’ and experts’ fees and costs, incurred in connection with such claim. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SPONSOR PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE DRAWING, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT, CONTRACT, OR OTHER LEGAL THEORY, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED.
9. USE OF PERSONAL INFORMATION: In order to participate in this Drawing, participants will be required to supply a valid e-mail address. Sponsor has specified which information is mandatory in order to participate in the Drawing. By entering the Drawing, each participant agrees that such information can be used by Sponsor in connection with administering the Drawing and as set forth in the Privacy Policies.
10. CHANGES AND TERMINATION: Sponsor reserves the right to make changes or additions to these Rules and/or extend the dates of this Drawing for any reason at any time. Sponsor failure to enforce any term of these Rules shall not constitute a waiver of that provision. Sponsor reserves the right to suspend, modify or terminate the Drawing at any time and for any reason in its sole discretion, including without limitation in the event of fraud, abuse, tampering, or technical, administrative, financial or other difficulties. In such cases, Sponsor will post notice on the Drawing Site. Should the Drawing terminate prior to selection of a winner, an alternate means of awarding the prizes will be announced on the Drawing Site.
11. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE DRAWING MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
12. DISPUTES: Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Drawing, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in San Francisco, California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Drawing, 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 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.
13. MISCELLANEOUS: 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. Nothing contained herein or in any of the Drawing-related materials should be construed as an endorsement by Sponsor of any third party, product or service.