|RAD STUDIO XE2 SWEEPSTAKES OFFICIAL RULES|
1. NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. LIMIT ONE ENTRY PER PERSON. Participation permitted only where not prohibit by law. Employees and directors of Embarcadero Technologies ("Sponsor") its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and members of the immediate family or household of each of the above are not eligible to participate. Sweepstakes starts on or around 12:00:01 a.m. Pacific Time (PT) on August 2, 2011 and ends at 11:59:59 p.m., PT on August 31, 2011. ("Promotion Period").
2. HOW TO ENTER: To enter, complete the form at (http://forms.embarcadero.com/forms/RADStudioXE2WinBeforeYouBuyPromo) during the Promotion Period. Once submitted, entry cannot be deleted, canceled, or modified. By entering, you agree that Sponsor may use the information provided by you for marketing purposes. If you do not wish to be contacted by Embarcadero or its partners, you may opt out of future communications by following the opt-out directions when prompted. Limit one entry per person. You may enter the Sweepstakes under one name and one email address only. Enter using only an email address subscribed and registered in your name. In the event of a dispute as to entries submitted by multiple individuals using the same email account, entry will be deemed to have been submitted by the authorized subscriber of the email account used to enter the Sweepstakes at the actual time of entry. The authorized email account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning email addresses or the domain associated with the submitted email address. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Entrants assume all risk of lost, late, misdirected, incomplete, or illegible entries.
3. PRIZES AND ODDS OF WINNING: One Grand Prize along with one First Prize and one Second Prize will be awarded from one drawing from all eligible entries received during the Promotion Period. GRAND PRIZE: The grand prize will be a license for Embarcadero RAD Studio XE2 Architect, with an approximate retail value (ARV) of $4,299 USD. The First Prize will be a license for Embarcadero RAD Studio XE2 Enterprise, with an approximate retail value (ARV) of $2,799 USD. The Second Prize will be a license for Embarcadero RAD Studio XE2 Professional, with an approximate retail value (ARV) of $1,399 USD Total ARV of the prize offered will not exceed $8,497 USD. The odds of winning a prize depend on the number of eligible entries received. The random drawing and awarding of the prize will be conducted under the supervision of Sponsor (Judge), whose decision is final and binding in all matters pertaining to this Sweepstakes. Entrants agree to be bound by these Official Rules and the decision of the Judge.
4. GENERAL CONDITIONS: Winners will be notified by e-mail or mailing address (at Sponsor's sole discretion) and may be required to sign and return an Affidavit of Eligibility and Release of Publicity and Liability within seven days of notification. In the event of noncompliance, if a winner cannot be reached at the e-mail or mailing address on that winner's entry, or if a prize or prize notification is returned as unclaimed or undeliverable, that prize will be forfeited and an alternate winner will be selected. No substitution of any prizes will be offered. No prize transfer permitted. If a prize is unavailable, Sponsor reserves the sole right to substitute a prize of equal or greater value. All taxes, fees, and surcharges on prizes are the sole responsibility of the prizewinner. By participating and accepting a prize, where permitted by law, the winner grants to Sponsor, (and agrees to confirm that grant in writing), and those acting pursuant to the authority of Sponsor, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time(s), the winner's name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional compensation or review.
5. RELEASE OF LIABILITY: All entrants release Sponsor, its parent, affiliates, subsidiaries, officers, directors, agents, employees, and all others associated with the development and execution of this Web site and Sweepstakes from any and all liability with respect to or in any way arising from this Sweepstakes and/or acceptance or use/misuse of the prizes, including but not limited to liability for personal injury, bodily injury including wrongful death, damage to property, and damage or loss of any other kind. Sponsor is not responsible for prize quality or utility. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Web-site users or by any of the equipment or programming associated with or used in the Sweepstakes or by any technical or human error which may occur in the processing of submissions in the Sweepstakes. Sponsor assumes no responsibility for any error; omission; interruption; deletion; defect; delay in operation or transmission; communications-line failure, theft, or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines; computer on-line systems, servers, or providers; computer equipment; software; or failure of e-mail or entry on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to participants or to any person's computer related to or resulting from participating or downloading materials in this Web site or Sweepstakes. Sponsor is not responsible for user cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the Sweepstakes, or defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Participants who engage in any of the foregoing activities will be disqualified and will forfeit any prizes won. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, worm or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the sweepstakes.
6. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY 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 Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participants' actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
7. WINNER: For the names of the winners, send a self-addressed, stamped envelope to RAD Studio Marketing Department, 5617 Scotts Valley Dr. Suite 200, Scotts Valley CA 95066 by Sept. 30, 2011.
8. SWEEPSTAKES SPONSOR: The sweepstakes Sponsor is Embarcadero Technologies, 100 California St, 12th Floor, San Francisco CA 94111.