Sweepstakes rules and regulations
This promotion is intended for play and participation in the United States
only and shall be construed and evaluated according to the laws of the
United States. Please do not participate if you are not a legal resident of
the United States and located in the United States at the time of entry.
Important: Please read these rules before entering the Linux Desktop
Migration Sweepstakes (the "Sweepstakes") sponsored by O’Reilly Media, Inc.
and Novell, Inc. (collectively, the “Sponsors”). By filling out an online
entry form, you agree to be bound by these Official Rules.
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR
CHANCE OF WINNING. SWEEPSTAKES OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED
STATES AND DISTRICT OF COLUMBIA WHO ARE OF THE AGE OF MAJORITY IN THEIR
STATE OF RESIDENCE AT THE TIME OF ENTRY (19 OR OLDER IN AL AND NE, 18 OR
OLDER IN ALL OTHER STATES). VOID OUTSIDE THE UNITED STATES AND WHERE
OTHERWISE PROHIBITED BY LAW.
Official Rules: Novell’s and O’Reilly’s Linux Desktop Migration Sweepstakes.
How to Enter: To enter the Sweepstakes, answer the question(s) on the entry page and submit your name and e-mail address via the "Enter the Sweepstakes" link found on this page. A total of 4 questions will be featured during the Sweepstakes Period, with each question appearing for no less than 7 consecutive days. Limit one entry per person per question. Questions must be answered correctly to be eligible to be entered into the Sweepstakes." Sweepstakes begins at 12:01 a.m. PDT on July 12, 2004 and will end at 11:59 p.m. PST on August 8, 2004 (the "Sweepstakes Period"). All entries must be received during the Sweepstakes Period to be eligible. All entries become the property of Sponsors and will not be returned. In the event of a dispute regarding the identity of a person submitting an online entry, entry will be deemed submitted by the person in whose name the email account is registered, provided that person meets all eligibility requirements. Email addresses obtained through the contest will only be used to notify the winner and participants of the sweepstakes results, unless the participant elects to “opt-in” to a particular use of his/her email address during the sweepstakes registration process.
Winner Selection: The Prizewinners will be determined in a random drawing from among all eligible entries received, to be held on August 16, 2004. The drawing will be conducted by the Sponsors, whose decisions will be final and binding on all matters relating to the sweepstakes.
Prize/Odds of Winning: There are 10 prizes to be awarded. Each prize is The Linux Web Server CD Bookshelf, Version 2.0 and has an approximate value of US $119.95 US. Total value of all prizes: $1,199.50. The odds of winning a prize depend upon the total number of eligible entries received. All prizes will be awarded, provided they are properly claimed and a sufficient number of eligible entries are received. Limit one prize per household.
Winner Notification: Each Prizewinner will be notified by e-mail. Sponsors are not responsible for changes for any change of e-mail address. Any prize or prize notification returned as undeliverable or otherwise not claimed within seven (7) days after notification of prize award will be forfeited and awarded to an alternate prizewinner. Prizes are not transferable. No cash redemptions. No substitutions or exchanges of the prize will be permitted, except that Sponsors reserve the right to substitute a prize of equal or greater value for any prize that becomes unavailable. The prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). ACCEPTANCE OR USE OF PRIZE IS AT THE WINNER'S OWN RISK.
Sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, and agencies will not be responsible for (1) any late, lost, or misrouted entries or errors in transmission; (2) any disruptions to Internet connection, injuries, losses, or damages caused by events beyond the control of Sponsor; or (3) any printing or typographical errors in any materials associated with the Sweepstakes.
Sponsors and their agencies are not responsible for technical, hardware, software, or telephone malfunctions of any kind and shall not be liable for failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications utilized in this Sweepstakes which may limit the ability to participate in the Sweepstakes. If for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsors, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sweepstakes is not capable of being conducted as described in these rules, Sponsors shall have the right, at their sole discretion, to suspend, modify and/or cancel the Sweepstakes.
Eligibility: Sweepstakes open to legal residents of the continental United States who are of the age of majority in their state of residence (19 or older in AL and NE, 18 or older in all other states) at the time of entry. Employees of Sponsors, their respective subsidiaries, divisions, and related companies, and their respective agencies and agents and immediate family members of such are not eligible.
ALL FEDERAL, STATE, AND LOCAL TAXES ARE THE RESPONSIBILITY OF THE PRIZE WINNERS. Prizewinners may be required to execute and return an affidavit of eligibility and publicity, liability and other release within fifteen (15) days of notification attempt or prize will be forfeited and an alternate prizewinner will be selected.
BY ENTERING THE SWEEPSTAKES OR ACCEPTING A PRIZE, PARTICIPANTS RELEASE SPONSORS AND ANY OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENCIES (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY LIABILITY WHATSOEVER, AND WAIVE ANY AND ALL CAUSES OF ACTION, FOR ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES OR ACCEPTANCE, POSSESSION, USE AND/OR MISUSE OF ANY PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES, AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT, WHETHER INTENTIONAL OR UNINTENTIONAL) WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY, CONTRIBUTION, OR ANY OTHER THEORY.
Except where prohibited by law, entry into the Sweepstakes constitutes permission to use winner's name, likeness, and/or prize information, without limitation, for any advertising, promotional, trade, or any other purpose, without further compensation to, or permission from, the Prizewinner.
Winner's List: For the names of the Prizewinners, send a self-addressed, stamped envelope to O’Reilly Media, Inc., Corporate Sales Department, attn: Linux Desktop Migration Sweepstakes, 1005 Gravenstein Highway North, Sebastopol, CA 95472. Requests must be received within sixty (60) days from the end of the Sweepstakes Period and will be shipped when all prizes have been awarded.
The Sweepstakes will be governed, construed, and interpreted under the laws of the United States. Entrants who violate these Official Rules, tamper with the operation of the Sweepstakes, or engage in any conduct that is detrimental to Sponsors, the Sweepstakes, or any other entrant (as determined in Sponsors’ sole discretion) are subject to disqualification. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of 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. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Sebastopol, California. Sponsors: O’Reilly Media, Inc., 1005 Gravenstein Hwy North, Sebastopol, CA 95472 and Novell, Inc., 404 Wyman Street, Suite 500, Waltham, MA 02451. The Sweepstakes and all accompanying materials are copyright © 2004 by O’ Reilly Media, Inc.
The O’Reilly logo is a registered trademark of O’Reilly Media, Inc. The Novell logo is a registered trademark of Novell, Inc. All other trademarks are property of their respective owners.
