OFFICIAL RULES
Your participation in the UserTesting.com Clip Contest (the "Contest") constitutes your full and unconditional agreement to and acceptance of these Official Rules.
The Contest begins on December 1, 2011 at 12:00 a.m. Eastern Time ("ET") and ends on December 31, 2011 at 11:59 p.m. ET (the "Contest Period").
The Contest is sponsored by, and the free user tests and iPad are provided by, UserTesting.com, Inc., a California corporation with offices at 2672 Bayshore Parkway Mountain View, California 94043 ("UserTesting.com").
UserTesting.com’s computer system is the official time-keeping device for the Contest.
Eligibility:
The Contest is offered and open only to UserTesting.com account holders and are (i) age 18 or older as of the date of entry.
Each UserTesting.com account holder will only be eligible for one prize. Employees, independent contractors, officers, and directors of UserTesting.com, or their respective affiliates and/or subsidiaries, UserTesting.com’s business partners, advertising, promotion and fulfillment agencies, public accounting firms and legal advisors, and the immediate family members and persons living in the same household of such persons ("Sponsor Group"), are not eligible to participate in the Contest.
The Contest is void where prohibited by law.
How to Enter the Contest:
To enter the contest, you must log into your account, create a clip and email it to krugclipcontest@usertesting.com by December 31, 2011.
There is no charge for entry.
Prizes:
Prizes will be fulfilled in January 2012. The first place prize of an iPad will be mailed to the billing address in your UserTesting.com account. Free tests will be added directly into your UserTesting.com account.
All recipients of the prizes must comply with the UserTesting.com Web Site and Product Terms and Conditions of Use.
If at any time a Contest recipient's UserTesting.com account is terminated for failure to comply with the UserTesting.com Web Site and Product Terms and Conditions of Use or for any other reason, the recipient will be disqualified and the prize offered hereunder will be cancelled. No alternative prize, cash equivalent, or other substitution is permitted. A recipient has no other rights with respect to any benefits UserTesting.com derives from the Contest.
Prizes are nontransferable and non-assignable. All federal, state and/or local taxes, and other expenses associated with the acceptance and use of any incentive are the sole responsibility of the recipient.
THE PRIZES ARE PROVIDED "AS IS", AND USERTESTING.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT THERETO. In order to claim the gift card, recipients may be required to complete an affidavit or declaration of eligibility, liability and publicity release, which must be signed and returned so that it is received within seven (7) days of the date printed on the notification. UserTesting.com is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify recipients.
Conduct:
All recipients agree to comply with any applicable federal, state and local laws or UserTesting.com policies. UserTesting.com reserves the right at its discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the website; to be acting in violation of these Official Rules; to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or to be violating any applicable federal, state and local laws or UserTesting.com policies.
CAUTION: ANY ATTEMPT BY PARTICIPANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, USERTESTING.COM RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
General Terms and Conditions:
By participating in the Contest, you agree that UserTesting.com and the Sponsor Group are not responsible or liable for, and shall be released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet, any technical, computer malfunctions, failures, or difficulties, or human error, of any kind; (ii) any condition caused by events beyond the control of UserTesting.com that may cause the Contest to be disrupted or corrupted, including theft, destruction or alteration of entries or website tampering; (iii) any printing or typographical errors in any materials associated with the Contest; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Contest, acceptance, possession, or use of any incentive, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, misrepresentation, defamation, or invasion of privacy; and (v) any act or failure to act of UserTesting.com or its employees, agents or subcontractors. UserTesting.com and the Sponsor Group's liability for any and all claims arising in connection with the Contest under any legal theory shall not exceed $100.
UserTesting.com reserves the right, in its sole discretion, to suspend or cancel the Contest at any time. All decisions by UserTesting.com in regard to this Contest are final and binding in all respects. All trademarks are the property of their respective owners.
Submitted materials, including video clips, may be used for promotional reasons on the Usertesting.com website and blog.
Disputes:
Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate California State Court located in Santa Clara County, California, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and UserTesting.com in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state of California, U.S.A. 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.
Privacy Policy:
UserTesting.com will treat all information provided by you when entering the Contest according to our Privacy Policy posted at http://www.usertesting.com/privacy-policy/ .
