SYMANTEC OFFICIAL RULES FOR THE
SCI-FI APPRECIATION DAY FACEBOOK SWEEPSTAKES DRAWING
THE SCI-FI APPRECIATION DAY FACEBOOK SWEEPSTAKES DRAWING IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING GUAM, PUERTO RICO, AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS) AND CANADA (EXCLUDING QUEBEC) WHO ARE THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE AND AT LEAST 18 YEARS OR OLDER. THIS DRAWING SHALL BE CONSTRUCTED AND EVALUATED ACCORDING TO CALIFORNIA LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
BY PARTICIPATING IN THE DRAWING, YOU ACCEPT AND AGREE TO BE BOUND BY THESE “OFFICIAL RULES” AND THE DECISIONS OF THE JUDGES AND/OR SPONSOR RELATIVE TO THIS DRAWING.
The Symantec Sci-Fi Appreciation Day Facebook Drawing (the “Drawing”) is sponsored by Symantec Corporation (the “Sponsor”), 350 Ellis Street, Mountain View, California, 94043, U.S.A. The Drawing begins on January 2nd, 2015 at 12:00:00am Pacific Time (PT) and ends January 5th, 2015 at 11:59:59pm PT (the “Drawing Period”).
THIS DRAWING IS IN NOT SPONSORED, ENDORSED OR ADMINISTRATED BY, OR ASSOCIATED WITH FACEBOOK.
2. ELIGIBILITY – VOID WHERE PROHIBITED
This Drawing is open to legal residents of one of the fifty United States or the District of Columbia and Canada (except Quebec), who have reached the age of majority in their state or of residence as of the starting date of the Drawing Period (“Participant”). Each Participant must have an account on www.facebook.com. Persons in any of the following categories are NOT eligible to enter, participate in, or win the Drawing: (a) persons who on or after the starting date of the Drawing Period were or are officers, directors or employees of Symantec Corporation, or any of its subsidiary, affiliated companies, service agencies, or independent contractors; and (b) persons who are immediate family members (defined as spouse or biological or step-mother, father, sister, brother, daughter, or son and each of their respective spouses) of any person in any of the preceding categories, regardless of where they live, and/or individuals who reside in the same household, whether related or not, as any person in any of the preceding categories. Any questions and/or issues concerning eligibility shall be determined at the sole discretion of the Sponsor. This Drawing is void in Guam, Puerto Rico, and where prohibited by law. Employees or representative of government agencies or organizations are not eligible to participate.
3. HOW TO ENTER. NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
You must have a valid Facebook account in order to participate. You can enter the Drawing by following these steps during the Drawing Period (“Entry”):
- Visit www.facebook.com/SymantecWebsiteSecuritySolutions
- Like the Symantec Website Security Solutions Facebook Page
- Comment on the questions in the Post related to the Drawing
In addition to the above-listed required steps, all Participants must abide by these General Requirements:
- Your Entry must be in English.
- Your Entry must not:
a. violate applicable law;
b. depict hatred;
c. be in bad taste;
d. denigrate (or be derogatory toward) any person or group of persons or any race, ethnic group, or culture;
e. threaten a specific community in society, including any specific race, ethnic group, or culture;
f. incite violence or be likely to incite violence;
g. contain vulgar or obscene language or excessive violence;
h. contain pornography, obscenity, or sexual activity; or
i. disparage the Sponsor.
- Your Entry must be original, your sole property, and not previously published or submitted in any other Drawing.
- Your Entry must not violate any right of a third party including, but not limited to: copyright, trademark, any other intellectual property right, right of publicity, confidentiality, and privacy. Please do not include the name or logo of any company or product produced by a manufacturer other than Symantec.
By submitting an Entry, you agree that Sponsor has the unrestricted right to use your Entry in whole or in part, commercially or non-commercially in any media known or unknown in perpetuity, worldwide, including the right to publish and display the Entry for advertising and publicity, and to edit and make derivative works, all without additional review or compensation. Additionally, you agree that Sponsor may post your Entry, including your name on its sponsored websites and/or third-party sites.
Limit one (1) entry per person, regardless of the number of Facebook accounts used, for the duration of the Drawing Period. If you enter or attempt to enter more than once using multiple Facebook identities, all of your entries may be declared null and void, and you may be disqualified and ineligible to participate in this Drawing. Duplicate entries and/or other mechanical reproductions of entries are not permitted. Illegible or incomplete entries will be disqualified.
Your entry may be disqualified, at the sole discretion of Sponsor if you attempt to enter through any means other than by the online submission requirement herein, if you disrupt the Drawing or circumvent the terms and conditions of these Official Rules, or violate the Facebook Terms of Service or Facebook Rules (https://www.facebook.com/policies/?ref=pf), which govern the use of Facebook. If any of the above occurs, Sponsor has the right to remedy any such action, disruption, or circumvention in a manner to be solely determined by Sponsor.
Symantec will award the following prize in the Drawing:
Estimated Value (USD)
Star Trek the Next Generation Motion Picture Box Set
The total estimated retail value of all of the prizes to be awarded under the Drawing is US$35.00. The odds of winning depend on the number of eligible entries received during the Drawing Period. Prizes are not transferable or exchangeable, or redeemable for cash. No prize substitution is allowed, except Sponsor may substitute a comparable prize at Sponsor’s sole discretion. Winner is solely responsible for any applicable federal, state, provincial, and local taxes. Any other costs and expenses associated with prize acceptance and use not specified herein as being provided are winner’s sole responsibility. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
5. SELECTION OF WINNER; NEED NOT BE PRESENT TO WIN
A total of one (1) potential winner will be selected by random drawing on or around January 5th, 2015 at Symantec Corporation, 350 Ellis Street, Mountain View, CA.
Potential winner will be notified via his or her Facebook email account (e.g., “Congrats [Username!] You are a winner! To claim your prize, email Symantec at firstname.lastname@example.org with your contact information”). Potential winners must respond via Facebook within 7 business days of notification by sending an email message to email@example.com with your contact information. There will be no additional media or channels utilized to announce winners.
If a potential winner is (i) found to be ineligible or not in compliance with these Official Rules, (ii) declines to accept a prize, (iii) if Sponsor does not receive a timely response to a winner notification, or (iv) in the event that a prize notification or prize is returned undeliverable, then the corresponding prize will be forfeited, the potential winner disqualified, and at the Sponsor’s sole discretion, the prize may be awarded to an alternate winner chosen by Sponsor’s judges. Potential winners may be required to furnish proof of identification. Before being declared a winner, potential winner must execute and return an Affidavit of Eligibility and Waiver of Liability within seven (7) business days from the postmarked date as having been sent by the Sponsor’s representative or otherwise the corresponding prize may be forfeited.
In the event of a dispute as to the identity of an entrant, the affected entry will be deemed submitted by the authorized account holder of the Facebook account used to enter the prize drawing. A potential winner may be required to provide Sponsor with proof that the potential winner is the authorized holder of the associated Facebook account or email account. An authorized account holder is defined as the natural person who is assigned to the Facebook account by Facebook, Inc. If a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed disqualified and ineligible to win a prize, but these Official Rules will otherwise continue to govern the affected entry.
BY PARTICIPATING IN THE DRAWING, YOU AGREE TO RELEASE AND HOLD SPONSOR, FACEBOOK, THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PRODUCTION AND ADVERTISING AGENCIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, AND CLAIMS OF ANY KIND IN CONNECTION WITH THE DRAWING, DRAWING-RELATED ACTIVITY, OR YOUR ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, PROPERTY DAMAGE, INVASION OF PRIVACY, AND MERCHANDISE DELIVERY.
Sponsor assumes no responsibility for any damage to your computer device which is occasioned by participation in the Drawing, or for any computer device, phone line, hardware, website, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.
All federal, state, provincial, and local laws apply. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, typographical errors, misdirected, misprinted, late, lost, damaged, stolen, or intercepted Drawing entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected tweets, or computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. In the case of any of the aforementioned events occur, Sponsor shall have the right to modify, suspend, or terminate the Drawing in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Drawing, or to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Drawing, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from awarding prize(s) or continuing with the Drawing as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite, equipment or software failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Drawing in its sole discretion.
By entering the Drawing, you agree: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of rights to bring any claim, action, or proceeding against the Released Parties in connection with the Drawing; and (iv) to forever and irrevocably agree to release, defend, indemnify, and hold harmless the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with your participation in this Drawing.
By posting to Facebook, you must (i) make no false or misleading representations or advertisements with regard to Sponsor; (ii) make no statements regarding Sponsor that you do not have a reasonable basis for or that are inconsistent with your honest opinions, findings, beliefs, or experiences; (iii) comply with all applicable laws and regulations, including but not limited to advertising and marketing laws such as the Federal Trade Commission’s Endorsement Guidelines; (iv) comply with the Facebook terms of service and other policies; and (vi) comply with any other policies of Sponsor as may be communicated to you during the Drawing Period.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of a Participant and/or Sponsor in connection with the Drawing, will be governed by, and construed in accordance with, the laws of the State of California without regard to California conflicts of law principles. All Participants consent to the exclusive jurisdiction and venue in Santa Clara County, California, U.S.A.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor’s employees are not authorized to waive, modify, or amend any provision or provisions of these Official Rules in any manner whatsoever.
AFFIDAVIT OF ELIGIBILITY AND WAIVER OF LIABILITY
By signing below, the undersigned Participant in the Symantec Sci-Fi Appreciation Day Facebook Drawing (the “Drawing”) sponsored by Symantec Corporation (“Symantec”) hereby attests that, prior to participating in the Drawing he/she read the Official Rules for the Drawing and has previously agreed that his/her participation in the Drawing is governed exclusively by those Official Rules. In consideration for the prize awarded to Participant through his/her participation in the Drawing, Participant agrees and acknowledges as follows:
1. Eligibility: Participant was at least 18 years old and had reached the age of majority in his/her state of residence as of the starting date of the Drawing Period, and is an individual eligible to participate in the Drawing in accordance with the Official Rules, and, accordingly, is eligible to receive any prize awarded to him/her through the Drawing. Participant acknowledges that his/her right to receive a prize may not be transferred, substituted for another prize, or exchanged for cash, and that Participant is solely responsible for all taxes or governmental fees due for receiving, owning, or using the prize. Should it thereafter be discovered or determined that Participant was not eligible to receive a prize, Participant agrees to return such prize within ten days of written notice by Symantec, or by a duly authorized agent of Symantec, and to pay all costs associated with the return of such prize.
2. Waiver of Liability: As set forth in the Official Rules, Participant hereby releases Symantec and Facebook, and their respective subsidiaries, affiliates, agencies, and their respective officers, directors, employees and representatives (collectively, the “Released Parties”) from any and all liability, loss, or damage arising from Participant’s acceptance, possession, or use of a prize, including, but not limited to, claims for product liability, personal injury, breach of contract, and negligence. Participant acknowledges and agrees that the Released Parties make no warranty, expressed or implied, with respect to the accuracy of any information relating to the prizes awarded, including pricing and product editorials, and Participant hereby waives and releases the Released Parties from any liability, loss, or damage caused directly or indirectly by any inaccuracy associated with such information. Without in any way limiting the generality of the foregoing, Participant agrees that this waiver embraces, covers and includes each, every, and all matters, transactions, causes of action, claims, demands and obligations arising in favor of Participant as against the Released Parties relating to Participant’s participation in the Drawing. Participant hereby waives any and all rights under the provisions of California Civil Code Section 1542, which provides as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which if known by him must have materially affected his or her settlement with the debtor.
3. Governing Law: Participant agrees that any dispute that arises as a consequence of his/her participation in the Drawing will be governed by the laws of the State of California.