Linux Foundation “KubeCon + CloudNativeCon Europe 2020 Virtual Swag Box ” Giveaway Official Rules
REGISTRATION FOR, AND ATTENDANCE OF KUBECON + CLOUDNATIVECON EUROPE 2020 VIRTUAL IS REQUIRED FOR A CHANCE TO WIN. REGISTERING WITH THE PAID PASS TYPE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ARBITRATION NOTICE: BY ENTERING, TO THE EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION HELD IN THE STATE OF CALIFORNIA, UNITED STATES AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.
THIS CONTEST IS VOID TO RESIDENTS OF U.S. EMBARGOED COUNTRIES AND IS VOID WHEREVER RESTRICTED BY, WITHOUT LIMITATION, FILING OR REGISTRATION REQUIREMENTS, OR IS OTHERWISE PROHIBITED OR RESTRICTED BY LAW.
Sponsor reserves the right, without notice or prior approval, to modify or supersede these Official Rules in its sole discretion and in such event will post revised Official Rules on the Website. Any time period stated herein may be extended or modified due to exigencies of the circumstances. Decisions of the Sponsor and judges are final and binding in all respects.
ELIGIBILITY: The Linux Foundation “KubeCon + CloudNativeCon Europe 2020 Virtual Swag Box” Giveaway (referred to as the “Promotion”) is offered to individuals who have reached the legal age of majority in their jurisdiction of legal residence who are not ineligible (as provided herein) nor under a conflicting employment, contractual or legal restriction to enter (eligible “Participants”). Employees, officers and directors of The Linux Foundation (“Sponsor”), its parent, subsidiary and affiliated companies, advertising and promotion agencies and any other individuals or entities who are engaged directly or indirectly in the development of, the production, distribution or review of materials for, or the administration, execution or implementation of this Promotion (collectively the “Promotion Entities”) and persons in the immediate family of such individuals (spouse, parent, child, sibling, partners and their respective spouses, and foster and step-relations) regardless of where they reside, or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter or win a prize.
IMPORTANT NOTICES: Participants have the responsibility to review and understand their employer’s policies, laws, rules and/or regulations, tax implications, and any other limitations (collectively “policies and laws”) regarding eligibility to participate in promotions and/or receive prizes in connection therewith. Furthermore, if Participant enters without obtaining the appropriate approvals, or if an individual is participating in violation of any such policies and laws, Sponsor may, in its sole discretion, disqualify the participant and forfeit their prize, if applicable.
PROMOTION PERIOD PERIOD: Promotion begins at 09:00 Pacific Time (“PT”) on October 22, 2019 and ends at 23:59 Pacific Time (“PT”) on August 3, 2020 (“Promotion Period”). The drawing to determine winners will be held after the completion of KubeCon + CloudNativeCon Europe 2020 (“Event”), with Eligible Entries being those that registered during the promotion period and attended Event. Promotion winners will be notified by email on August 24, 2020. Participants are solely responsible for determining the correct time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto. Sponsor’s server/computer is the official time keeping device for the Promotion.
TO ENTER: Register to attend Event here by 23:59 Pacific Time (“PT”) on August 3, 2020, and choose either a Full Event Pass or a Keynote + Expo Hall Pass to be entered in the giveaway. Participants of Promotion must also attend Event, held virtually in the Intrado Platform, at some point between August 17 at 04:00 – August 20, at 12:00, 2020 to be eligible for Promotion (“Eligible Entries”).
SELECTION OF WINNERS: Five hundred (500) Keep Cloud Native Delighted Swag Box winners and Ten (10) Keep Cloud Native Delighted Deluxe Swag Box winners will be randomly selected from Eligible Entries using an electronic drawing system. Sponsor reserves the right to select fewer than the stated number of winners in its reasonable discretion due, for example, to insufficient eligible and qualified Entries.
In the event of a tie at any time, the tie will be broken (among all tied Entries) by Sponsor in accordance with Sponsor’s determination, in its absolute discretion, of the (tied) Entries. In the event any Participant is disqualified, forfeits the opportunity to continue in the Promotion, or is otherwise unable or unwilling to participate, an alternate Entry will be randomly drawn. Participants may only enter the drawing one time via one registration.
REPRESENTATIONS ABOUT YOUR ENTRY: By submitting an Entry, Participants represent and warrant (and agree to release and indemnify Promotion Entities from same) that: they have the absolute right and all requisite consents to submit such Entry (including the likeness, image, voice and any other information disclosed or conveyed about/by any and all individuals and venues included therein), and submitting such Entry does not appear to violate or infringe the rights of such individuals or any other third party, entity or venue, will not constitute a violation of law or policies, and will not bring Sponsor or the Promotion Entities into public disrepute, scandal or embarrassment; their Entry submitted and all content therein is truthful and accurate, has not been created for or submitted in any other contest or similar promotion or copied in whole or in part from any other work, and is the sole and exclusive property of the Participant (or Participant has the full consent to submit it herein for all uses contemplated); the Entry does not contain, depict, condone, encourage or promote activities or content prohibited by these Rules nor depict, refer to or contain in any respect information about an individual under the age of 18; and any individuals mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner have given Participant their express consent to submission of Entry into this Promotion and the use contemplated.
If requested by Sponsor, Participant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality. Any trademarks, logos, brand names, venues, sponsorships or any other intellectual property appearing in any way in connection with this Promotion, prizing, or any Entry are the property of their respective owners, which are not sponsors or affiliated with this Promotion in any way. Participants understand and agree to assume the risk that their Entry and any element thereof may, in whole or in part, be identical or similar to any other Entry, that one Entry may regardless receive varying scores from the other Entry, and Participants shall release and hold Promotion Entities harmless from same.
GRAND PRIZE /Approximate Retail Value (“ARV”): $180
Keep Cloud Native Delighted Deluxe Swag Box which includes:
- KubeCon + CloudNativeCon Europe t-shirt
- Keep Cloud Native Connected patch
- Project logo face mask
- Diamond sponsor surprise
- Kubernetes fidget spinner
- CNCF socks
- $150 gift card to the CNCF online store
FIRST PRIZES /Approximate Retail Value (“ARV”): $35
Keep Cloud Native Delighted Swag Box which includes:
- KubeCon + CloudNativeCon Europe t-shirt
- Keep Cloud Native Connected patch
- Project logo face mask
- Diamond sponsor surprise
- Kubernetes fidget spinner
- CNCF socks
Limit ONE (1) prize per Participant. Prize award is subject to verification of eligibility and compliance with these Official Rules. Sponsors reserve the right not to award a prize to any Participant for any reason if doing so would not be in the spirit of the Promotion, or if it may adversely affect the business reputation or goodwill, or have a detrimental impact on Sponsor, any other Promotion Entity, this Contest, or any of their respective brands, products or services as determined by Sponsors in their absolute discretion. All prize awards are contingent upon verification of potential winners and Entry, confirmation of their eligibility to receive a prize, and compliance with these Official Rules. Prize winners must be able to accept the prize in its entirety or not at all, or else prize may be forfeited (in Sponsors’ absolute discretion). Prizes will not be replaced if lost, stolen, misplaced, or destroyed.
WINNER NOTIFICATION: Winners will be notified by email by August 24, 2020, and will be asked to respond within a time specified. In order to receive a prize, potential winner(s) may be required to sign, have notarized and return within the time required a Declaration of Eligibility, Release of Liability and Publicity Release (“Release Documents”) or will forfeit the respective prize. If a potential winner is found to be ineligible or declines to accept a prize, or Sponsor is unable to contact the potential winner on or within two (2) separate attempts, or in the event that the prize confirmation, notification, Release Documents or Prize is returned, ignored, incomplete, altered, not timely responded to, misdirected or undeliverable, the Prize will be forfeited, and in the Sponsor’s sole discretion, the forfeited Prize will not be awarded. If the Sponsor wishes to select an alternative potential winner, Sponsor will do so based on random drawing of Eligible Entries. Promotion Entities are not responsible for any undelivered telephone calls, messages, e-mails, or any other communications, including but not limited to those that are not received because of the Participant’s privacy or spam filter settings that may divert any notification or other Promotion related e-mail to a spam or junk folder. Promotion Entities shall have the right, where necessary, to undertake all action and/or require further information as is reasonable to protect themselves against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding the prize to any Participant.
PRIZE(S) IS/ARE AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM SPONSOR, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. Only the prizes as
described is/are available to be awarded; in no event will Promotion Entities be responsible for awarding more or different prizes than stated herein. A prize cannot be assigned, transferred, or substituted in whole or in part, except by Sponsor who may, at its sole discretion, substitute a prize or any part thereof with a prize of equal or greater value. Prizes are not redeemable for cash; any difference between the actual value and ARV of the prize will not be awarded as cash, or otherwise unless otherwise stated. Any gift card, voucher or certificate issued as part of a prize is for promotional purposes only, will not be replaced by Sponsor if lost, stolen, damaged or destroyed, and is subject to the terms and conditions of issuer.
TAXES: All winners are solely responsible for any local, state, federal/country or any other applicable taxes, compliance with (governmental) reporting, filing and documentation requirements, and for any other costs, expenses and fees connected with their acceptance and use of the prize in their respective jurisdictions.
INDEMNIFICATION & RELEASE: BY PARTICIPATING, PARTICIPANTS AND WINNERS AGREE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE U.S. LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER PROMOTION ENTITIES, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS, AND ANY SOCIAL MEDIA CHANNEL USED TO FACILITATE THIS PROMOTION (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PROMOTION AND/OR PRIZE RELATED ACTIVITIES, ACCESS TO THE WEBSITE, AND/OR ANY OTHER
PARTICIPATION IN THIS PROMOTION. By entering and/or accepting a prize, Participants and winners covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any provision adjudged to be invalid shall be struck from these Rules and the remainder shall continue in full force and effect.
LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by the platform, website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or other information. Promotion Entities are not responsible for injury or damage to Participants’ or to any other person’s computer and/or mobile device related to or resulting from downloading materials from or use of any Website. If, for any reason, the Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or element thereof and select the winner(s) from non-suspect, eligible Entries received prior to the action or as otherwise may be deemed equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or
any other error or miscommunication in any communications, announcements, advertising and/or promotional materials relating to this Promotion or any element thereof, these Official Rules shall govern.
FORCE MAJEURE: Promotion Entities shall not be liable to Participants, winners or any other person or entity for failure to execute the Promotion, or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any event, epidemic or pandemic, or any similar or dissimilar event beyond their reasonable control.
PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a Prize, Participants and winner(s) grant (and agree to confirm that grant in writing) permission for Sponsor and/or Sponsor’s authorized representatives the right to use his/her name, information, likeness, image, voice, and statements (provided they are true) for promotion, trade, commercial, and publicity purposes, at any time or times, in all media now known or hereafter discovered including the internet and including Sponsor’s (and unrelated) social media platforms and those of third parties whether or not connected with the Promotion, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
DISPUTES/ARBITRATION: THIS PROMOTION AND ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANT, SPONSOR, ADMINISTRATOR, OR ANY OTHER PROMOTION ENTITY IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA WITHOUT
RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, to the fullest extent permitted by law, Participants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action or a jury trial, exclusively before a neutral one person binding arbitration located in or near San Francisco, CA having jurisdiction. Under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental, consequential, and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.
SPONSOR: The Linux Foundation, with its principal place of business at: 548 Market St, PMB 57274, San Francisco, California 94104-5401.