VMWARE RECORD AND REPLAY CHALLENGE TERMS AND CONDITIONS
ELIGIBILITY
To participate in the VMware Record and Replay Challenge (the "Challenge"), you must be at least 18 years old. Contestants may submit as many entries as they wish, but may only win one (1) prize. All entries must be received by VMware, Inc. (“VMware”) no later than September 30, 2008 at 11:59pm PST. By participating in the Challenge, you agree to be bound by these rules and to all decisions of VMware which are final, binding and conclusive in all matters.
PRIZES
Top Prize will be awarded based on the judging criteria referenced below. There will be one (1) winner selected. The winner will receive a Lenovo ThinkPad T61 laptop. Approximate Retail Value (“ARV”): $1,200.00 USD.
JUDGING
VMware judges will grade entries using the following criteria:
• Ability of entered application to solve a VMware customer's challenge (40%)
• Effective use of VMware Record and Replay technology (40%)
• Innovative and creative application of Record and Replay technology (20%)
The judges shall have the sole authority and discretion to select the award recipient(s).
PROHIBITED CONTESTANTS
Full and part-time employees of VMware as well as those who are performing internships during the Challenge duration and those involved in the production (including prize suppliers), implementation and distribution of this Challenge and their advertising or promotion agencies, parent companies, service providers, agents, officers, subsidiaries or affiliates, or any other persons or entities directly associated with the Challenge and members of the immediate families and/or persons living in the same household as such persons, are ineligible to enter the Challenge. This Challenge is void where prohibited or restricted by law. Prizes will not be awarded to residents of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria.
PRIZE WINNERS
Prize winners are expected to be announced on October 30, 2008 via the VMware Workstation product page. Following the announcement, winners will be notified by e-mail. Winners have 30 days from notification to claim the prize. Prize must be claimed by return email to Record-Replay-Challenge@vmware.com or via mail to: VMware Inc., Attn: VMware Record and Replay Challenge, 3401 Hillview, Palo Alto, CA 94304, USA. Unclaimed prizes will not be awarded. Prizes are non-transferable and no substitution will be made except as provided herein at VMware's sole discretion. VMware reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
As a condition of winning, Contestants may be required to complete and provide to VMware the following: (i) Affidavit of Eligibility and Liability and Publicity Release (the "Affidavit"), and (ii) IRS Form W-9 or W-8BEN or other tax form, as applicable. In completing the Affidavit, a winner (a) confirms his/her eligibility, (b) represents and warrants that he/she has not cheated; that the idea for the entry submitted is his/hers alone, (c) verifies the accuracy of the information submitted in the Challenge registration process, (d) authorizes VMware to publicize the Challenge results and winners, (e) agrees to sign any applicable forms required by tax authorities, and (f) releases VMware from liability arising out of any prize won.
PUBLICITY
If you are selected as a Challenge winner, you agree that VMware may publicize your name, likeness, and a description and link to entry. Apart from the prizes associated with being selected as a winner, VMware shall not be obligated to compensate you in any way for such publicity. In addition, all prize winners agree to cooperate with VMware's publicity efforts, including the agreement to use their name, address (city, state and country only) and likeness for publicity purposes and to use the statements made by, or attributed to, the winners relating to VMware and any and all rights to said use, without further compensation.
WARRANTY
Contestant warrants that their entry will not contain any (a) materials that are pornographic, obscene, excessively profane, gambling-related, deceptive, fraudulent, illegal, defamatory, infringing, threatening, invasive of another's privacy, or racially, ethnically or otherwise objectionable or (b) viruses, Trojan horses, worms, time bombs or other computer programming routines related to “hacking” or “cracking” or which damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Contestant further warrants that they will not interfere with any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories.
RIGHT TO USE
In submitting an entry, Contestant grants VMware, it's subsidiaries and it's affiliates the right to use, link and/or display Contestant's video, blog entry and personal information provided in Contestant's entry. Entries shall be free from any third-party obligations including confidentiality restrictions or any third-party copyright or IP. Contestant shall be solely responsible for securing properly executed and valid releases, including permission from any individuals, companies, talent or vendors whose image, property owner, appears or voice is heard in the video submission. Contestant agrees that he/she shall have no claim to compensation or approval rights, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of VMware's use or alteration of Contestant's information or video. The decision to use, link and/or display Contestant's entry is at VMware's sole discretion.
INDEPENDENT DEVELOPMENT
Notwithstanding anything herein to the contrary, VMware reserves the right to (a) independently design, develop, acquire, market, service or otherwise deal in, directly or indirectly, products or services competitive with those of the Contestant; or (b) assign personnel for any purpose.
INDEMNIFICATION
Each Contestant shall indemnify, defend, and hold VMware, and all of their respective affiliates, subsidiaries, directors, officers, employees, representatives and agents, harmless from and against any and all liability for any loss, property damage or damage to person or from any third party claims arising from or related to that Contestant's participation in the Challenge. In no event shall VMware be liable to a Contestant for acts or omissions arising out of or related to the Challenge or Contestant's participation in the Challenge. All taxes, including income taxes, are the sole responsibility of winners. No prize substitution is permitted. Winner(s) may be required to verify their entry.
LAW/JURISDICTION
The Contest and the rights and obligations of VMware and Contestants will be governed and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, Santa Clara County. The parties consent to the jurisdiction of the state courts of California and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Challenge.
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