Better get sparking! Here's what to find:
- Spark a selfie with something orange.
- Spark a selfie with a spark.
- Spark a selfie with a Progress pillow.
- Spark a selfie with something bouncy with the Progress logo on it.
- Spark a selfie with your favorite Showcase exhibitor.
- Spark a selfie with an Exchange sponsor logo.
- Spark a selfie wearing your favorite Progress gear.
- Spark a selfie with a new friend(s) at Exchange.
- Spark a selfie with a Progress employee.
- Spark a selfie in your favorite Exchange session.
PROGRESS SOFTWARE SPARK A SELFIE CONTEST
OFFICIAL RULES
- ELIGIBILITY: The Progress Software Corporation (“Progress”) Spark a Selfie Contest (“Contest”) is open to attendees of Progress Exchange 2014 who are at least eighteen (18) years of age and the age of legal majority in his or her state or jurisdiction of primary residence at the time of submission (whichever is older). The Contest is subject to all applicable federal, state, provincial and local laws and regulations. The Contest is void in Puerto Rico, Rhode Island, USA, and where prohibited or restricted. Employees of Progress, subsidiaries, affiliates and agents, as well as the immediate family (spouse, parents, siblings, and children) and household members of each employee are not eligible. Participants must NOT be under any contractual or other legal obligation that would conflict with this Contest or these Official Rules.
- ENTRY PERIOD: The Contest will begin on Sunday, October 5, 2014 at 5:00 p.m. EDT, and end on Tuesday, October 7, 2014 at 10:00 p.m. EDT (the “Entry Period”). All Entries (defined below) must be received by 10:00 p.m. EDT on October 7, 2014. Progress is the official time-keeper for the Contest.
- HOW TO ENTER. To enter the Contest, tweet one (1) eligible photo of yourself (“Selfie”) taken with one of the items listed below to @ProgressSW and include #PRGS14 (“Entry”), together with your name, during the Entry Period. You may submit one (1) Entry for each of the items below (up to ten (10) Entries total), but no more than one (1) Entry with the same item will be considered.
- Spark a Selfie with something orange.
- Spark a Selfie with a spark.
- Spark a Selfie with a pillow that says Progress.
- Spark a Selfie with something bouncy that says Progress.
- Spark a Selfie with your favorite showcase exhibitor.
- Spark a Selfie wearing your favorite Progress gear.
- Spark a Selfie with an Exchange sponsor logo.
- Spark a Selfie with a new friend at Exchange.
- Spark a Selfie with a Progress employee.
- Spark a Selfie in your favorite Exchange session.
Please review the “DETERMINATION OF WINNERS” section for details on how winners will be determined. Your Entry must meet each of the following requirements:
a. The Entry must be owned by you;
b. The Entry must be a Selfie taken solely by you;
c. The Entry may not contain any improper use of trademarks, logos, or copyrighted elements. Any content that appears in the Entry must be entirely original, created and performed solely by you, or be in the public domain; and
d. The Entry must not: (i) be obscene or indecent, contain defamatory statements, (ii) include threats to any person, place, business, or group, (iii) invade privacy rights or any other rights of any person, business, or group, (iv) name or depict any third party without his/her permission, (v) depict or encourage any dangerous, life-threatening, or otherwise risky behavior (vi) be false, inaccurate or misleading; (vii) violate any law or regulation; and (viii) instigate others to commit illegal activities or violate human rights.
By participating in the Contest, you demonstrate your full and unconditional agreement to these Official Rules and to the decisions of Progress in relation to the Contest, which are final and binding.
- ODDS OF WINNING. The odds of winning will be determined by the number of eligible Entries received.
- CONTEST PRIZES: The prizes (“Prizes”) are as follows:
a. GoPro Hero3+ Black Edition (with a value of approximately USD $399.99)
b. Kindle Fire 7" HD Display, Wi-Fi (with a value of approximately USD $199.00)
c. Samsung Galaxy Tab 4 NOOK (with a value of approximately USD $179.00)
Total prize pool valued at approximately USD $777.99. Prize values are calculated based on Recommended Retail Price (RRP) in the United States. Progress reserves the right in its reasonable discretion to substitute the Prize(s) with a prize of equal or greater technical nature and value. If a portion of a Prize cannot be awarded due to circumstances beyond the control of Progress, a substitute Prize of equal or greater monetary value, in cash or otherwise, will be awarded; provided however, that if the Prizes are awarded but if any portion of it is unclaimed/forfeited by Winner, such portion of the Prize shall be awarded to the next runner-up, in Progress’ sole discretion. No more than the stated number of Prizes will be awarded.
Any Prize details not specified above will be determined by Progress in its sole discretion. No cash or other substitution is allowed except by the Progress, who may substitute a Prize with another Prize of equal or greater value, as determined by the Progress in its sole discretion.
- DETERMINATION OF THE WINNERS: At the end of the Entry Period, all eligible Entries will be entered into a random drawing. Progress will select from the total eligible Entries on or about 9:30 a.m. EST on Wednesday, October 8, 2014. The first Entry selected shall receive the GoPro Hero3+; the second Entry selected shall receive the Kindle Fire; the third Entry selected shall receive the Samsung Galaxy (individually, a “Winner”, collectively “Winners”). If a Winner is found not to be eligible or not in compliance with these Official Rules, disqualification will result and an alternate Winner will be selected. A participant will only be eligible to win one Prize.
- NOTIFICATION AND REQUIREMENT OF WINNER: Progress will announce the Winners, and may display the selected Entries, during the closing session of Exchange. Winners should visit the Exchange Registration Desk to claim their Prize. If a Winner is not present during the closing session, Progress will use reasonable efforts to contact the Winner and make arrangements to deliver the Prize. If after three (3) attempts, a Winner is not confirmed, the applicable prize will remain un-awarded. All taxes, including federal, state and local taxes are the sole responsibility of the Winner. Except where prohibited, the Winners may be required to sign and return an affidavit (or declaration) of eligibility and a liability/publicity release. Documents, if provided and required by Progress, must be signed and returned prior to receiving the Prize. If a Winner fails to sign and return the required documents within the required time period or is otherwise ineligible to receive the Prize, an alternate Winner may be selected in his/her place according to the selection criteria set forth above.
- PRIVACY AND PUBLICITY: Except as set forth herein, all information submitted by you in the Contest will be treated according to Progress’ Privacy Policy, a copy of which is found here http://www.progress.com/privacy). Except where prohibited, participation in the Contest constitutes your consent to Progress’ use of your Entry, name, likeness, statement, and state of residence for promotional purposes in any media without further payment or consideration or in order to contact you as a potential winner.
- ENTRANT’S WARRANTIES AND REPRESENTATIONS: By submitting an Entry, you warrant and represent: (i) the Entry is original and owned by you, or is in the public domain, (ii) the Entry does not infringe the intellectual property, privacy, publicity, or any other rights of any third party, (iii) the Entry does not violate any law or regulation, (iv) the Entry has not previously been entered in any other contest, (v) you have the rights to freely use the Entry without restriction, (vi) you are at least eighteen (18) years of age and the age of legal majority in your state or jurisdiction of primary residence at the time of Entry, and (vii) the Entry and your participation in the Contest and agreement to these Official Rules do not violate any applicable policies of or contractual obligations to your school and/or employer.
- PROGRESS’ RIGHTS TO ENTRIES: By submitting a Entry, you:
- Irrevocably grant to Progress, its agents, licensees and assigns the unconditional, irrevocable and perpetual (non-exclusive) right and permission to store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, distribute, exhibit, and otherwise use the Entry as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party.
- Forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Progress’ use of the Entry, or require your permission for the Progress to use the Entry.
- Agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Progress on the grounds that any use of the Entry, or any derivative works, infringes any of your rights as creator of the Entry including, without limitation, copyrights, trademark rights, and moral rights.
- GENERAL CONDITIONS. If any fraud, technical failures or any other factor beyond Progress reasonable control impairs the integrity or proper functioning of the Contest, Progress reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and/or determine the Winners from among all eligible Entries as of the date of termination using the procedures and criteria outlined above. Progress further reserves the right, in its sole discretion, to disqualify any participant that violates these Official Rules or interferes with this Contest in any manner and void all associated Entries for any reason, including any Entry that it deems, in its sole and absolute discretion, is inappropriate, unsuitable or offensive Progress’ failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforceable. By submitting an Entry, you hereby acknowledge and agree that the relationship between you and Progress is not confidential, fiduciary, or other special relationship. By submitting an Entry, you agree to release and hold harmless Progress, its officers, directors, shareholders, agents and employees (collectively “Released Parties”) from any damage, loss or injury to you or any third party resulting from your participation in this Contest or for the use or misuse of any Prize or Released Parties’ use of any rights granted herein, for incorrect or inaccurate transcription of Entry information, for any human or other error, for any injury to person or property, arising from your participation in this Contest or any Contest-related activity or from the acceptance, receipt, possession, use or misuse of any Prize won except for any loss, damage or injury which is due to the negligence or willful misconduct of Progress or which otherwise cannot be excluded by law. Participants also release Twitter from any and all damage resulting from participation in the Contest. You acknowledge that the Contest is not sponsored, endorsed or administered by, or associated with, Twitter.
- FURTHER LIMITATIONS. If for any reason your Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, your sole remedy is submission of another Entry. In no event shall Progress be liable for any indirect, punitive, special, incidental or consequential damages incurred by you or any third party, arising out of or resulting from this Contest or any related materials, whether in an action in contract or tort, however caused and regardless of the theory of liability, even if you have been advised of the possibility of such damages. Progress makes no representations or warranties or conditions whatsoever, in fact or in law, including but not limited to, the implied warranties or conditions of satisfactory quality, merchantability, title, and fitness for a particular purpose, whether oral, express, implied or statutory and hereby disclaims any and all warranties relating to this Contest or any related materials.
- Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Progress in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts of the United States of America. Participants agree that any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the federal and state courts located in the Commonwealth of Massachusetts. Any and all claims, judgments and awards shall be limited to actual reasonable out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees. Under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual reasonable out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
- SPONSOR AND PROMOTER. The sponsor and promoter of this Contest is Progress Software Corporation, headquartered at 14 Oak Park Drive, Bedford, Massachusetts 01730 USA. Telephone number +1-781-280-4000.
- OFFICIAL RULES. These rules, terms and conditions comprise the Contest’s Official Rules and official Contest communications or publications by Progress shall govern and apply to all participation and activity arising out of and relating to the Contest. These Official Rules are dated as of September 25, 2014. These Official Rules cannot be modified or superseded except by Progress, in its reasonable discretion. In the event of any inconsistency between these Official Rules and any other communication by Progress, the terms of these Official Rules shall govern. The complete Official Rules are available at progress.com/SelfieTerms. To obtain a free, PDF copy of these Official Rules, or a complete list of Winners, send your request to Progress headquarters, no later than 11:59 p.m. EDT on December 31, 2014.