SHOUT OUT PROMOTION CONTEST
COMMON TERMS USED IN THESE RULES:
These are the official rules that govern how Carbonite’s Shout Out Promotion Contest operates. This promotion will hereinafter be referred to as the “Contest.” The use of “we,” “our,” and “us” refer to Carbonite, the sponsor of the Contest. “You,” yourself,” “I,” “me,” and “my” refers to an eligible Contest entrant, a “Participant”.
1. Contest Description:
As an existing Carbonite Business or Business Premier customer, get 1 free month of Carbonite Business/Business Premier (up to a total of 24 months) for every customer that is not already a Carbonite Business or Business Premier user that signs up and starts a free 30 day trial based on your referral. The referral process is as follows.
2. How do you submit your entry?
During the Promotion Period, the eligible Participants must complete the following participation process to be eligible to receive a Prize, subject to the limitations and restrictions set forth below.
3. What are the start and end dates for this Contest?
This Contest starts at 8:00 A.M. Eastern Standard Time on September 14, 2011 and ends at 11:59 P.M. Eastern Standard Time on September 21, 2011 (the “Promotion Period”). Entries must be received within the Promotion Period to be eligible. Any entries received after such time will be disqualified.
5. Can You enter?
You are eligible to enter this Contest if you meet the following requirements:
6. What is/are the prize(s)?
The Prizes: Eligible Participants will receive one free month, herein referred to as the “Prize” (up to a total of 24 months) of Carbonite Business or Business Premier for every business customer that starts a free trial based on a shout out referral. Businesses that are referred receive one free month of Carbonite Business or Business Premier should they decide to purchase during or at the conclusion of their trial. Note: Prize recipient is responsible for internet access fees and services charges.
Prize Limitations and Restrictions: The same email address may not be shared by multiple Participants. Prizes are subject to availability. Participation in the Promotion as described above must be fully completed during the Promotion Period; late participation or partial participation will disqualify the subject Participant. All Participants and participation in this Promotion are subject to verification by Carbonite; unverifiable Participants or participation may disqualify the subject Participant. Prizes are non-transferable, non-assignable, and non-refundable. Prizes must be accepted as awarded, and prizes are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Carbonite or for which Carbonite shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Prize recipients are fully responsible for any and all applicable federal, state, international and local taxes and assessments. Prize recipients may be issued an IRS Form 1099 for the amount of the incentive award. No cash or other substitution may be made for a Prize. All costs and expenses not specified herein, related to a Prize or the use thereof are the sole responsibility of the Prize recipient. A Prize recipient must comply with all terms and conditions of these Terms, and receipt of a prize is contingent upon fulfilling all requirements.
7. How will you know if you are a winner?
Carbonite will update your subscription end date to reflect the number of free months. Example, if your subscription normally ended on July 1, 2011, and four of your referrals successfully started a trial, the subscription end date would be extended by four months to November 1, 2011.
The updated subscription end date will be on the account summary tab in the administrator dashboard. Carbonite will not disclose which companies signed up based on your referral.
9. What other conditions are you are agreeing to by entering this Contest?
By entering this Contest you agree and/or understand that:
(1) To abide by these Official Rules;
(2) By participating in the Promotion, Participant agrees to release and hold harmless Carbonite, Inc., the customer who you were referred by, Socialize Your Stuff, LLC, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, 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 receipt or use or misuse of the Prize.
(3) Carbonite’s decisions will be final and binding on all matters related to this Contest;
(4) Carbonite and its agents may use your proper name, biography, state of residence, and your entry online and in print, or in any other media, in connection with this Contest, without payment or compensation to you, except where prohibited by law; and
(5) This Contest will be governed by the laws of the Commonwealth of Massachusetts and you consent to the exclusive jurisdiction and venue of Massachusetts courts (state and federal) for any disputes arising out of this Contest.
10. What if something unexpected happens and the Contest cannot run as planned?
Carbonite is not responsible for any virus or other system malfunction that occurs in connection with participation in this Contest. If someone cheats, or a virus, bug, catastrophic event, or any other unforeseen or unexpected event that cannot be reasonably anticipated or controlled, (also referred to as force majeure) affects the fairness and/or integrity of this Contest, we reserve the right to cancel, change or suspend this Contest. This right is reserved whether the event is due to human or technical error. If a solution cannot be found to restore the integrity of the Contest, we reserve the right to select winners from among all eligible entries before cancelling, changing or otherwise suspending the Contest.
Computer hacking is a crime. If you attempt to compromise the integrity or the legitimate operation of this Contest by hacking or by cheating or committing fraud in ANY way, we may seek damages from you to the fullest extent permitted by law. Further, we may ban you from participating in any of our future Contests, so please play fairly. For further information about Carbonite and its products and services, please visit www.carbonite.com and www.carbonite.com/terms.
11. Limitation of Liability
Carbonite and its employees, officers, directors, shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (a) incorrect or inaccurate Participant or participation information; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Promotion; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a Participant’s participation in the Promotion or processing of registrations, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Under no circumstances will a Participant be permitted to obtain awards for, and each Participant hereby waives all rights to claim punitive, incidental, and consequential damages (including, without limitation, lost profits) and any other damages, attorneys’ fees, and any and all rights to have damages multiplied or otherwise increased.