Notice to Entrants
Terms and Conditions for DataWorks Summit/Hadoop Summit Passport Competition.
These Terms and Conditions describe the rules and various other components of the promotion (the “Promotion”) occurring at DataWorks Summit/Hadoop Summit San Jose on June 13-15, 2017 (the “Event”) in which participants may win a Bose QuietComfort 35 wireless headphones (the “Prizes.”) As used below, “Hortonworks” refers to Hortonworks, Inc., the organizer of the Event and sponsor of the Promotion.
NO PURCHASE NECESSARY. The promotion is void where prohibited or restricted by law.
1. Eligibility: The Promotion may be entered by any attendee registered for the Event who are over eighteen (18) years of age and who are not employees or internally contracted vendors of Hortonworks, its subsidiaries, agents or affiliates (collectively, “Participants”).
IMPORTANT NOTICE: All Participants must comply with any and all laws, rules, regulations, and employer’s policies regarding their eligibility to participate and/or receive reward(s) in this Promotion. If an individual is participating in violation of their employer’s policies, that individual may be disqualified from the Promotion. Hortonworks disclaims any and all liability or responsibility for disputes arising between an individual and their employer related to the Promotion.
2. SPONSOR: This contest is sponsored by Hortonworks.
3. DURATION: The Promotion duration will begin on the first day of the Event and last until 2:10 p.m., local time, on the last day of the Event.
4. ENTRY AND WINNING
How to enter: Participants will be issued a badge when they check-in at the Event. To enter, they must (1) visit all of the Titanium, Platinum, and Gold sponsor booths and all other participating sponsor booths that feature a Passport Promotional Poster at the Event, and (2) at each of those booths, ask the sponsor to scan the Participant’s badge. Each Participant who does so for all the aforementioned booths will be considered to have “entered” the promotion. Participants may each only enter once.
Selection of winners. The winners will be chosen at random from among the eligible Participants. Each Participant may win only a single prize.
5. INVALID ENTRIES: Hortonworks is not responsible for any late, incomplete, delayed or improperly scanned entries. Only complete valid Entries will be accepted. Hortonworks reserves the right to disqualify false entries or entries suspected of being false.
6. PRIZE AND NOTIFICATION: One prize will be awarded. The prize is Bose QuietComfort 35 wireless headphones, valued at approximately $380 USD. The winning Participant shall be selected randomly from all valid entries, and the winner will receive one prize. The winner will be notified at the contact information provided at the time of registration. The winner will be notified within two (2) weeks of the end of the Event and the prize will be shipped to them. The failure to respond timely to the notification may result in forfeiture of the prize; and, in such case, however, Hortonworks may elect to randomly select an alternate winner in its sole and absolute discretion. Cash equivalent of prizes will not be awarded. No cash or other substitutions are permitted except at the discretion of Hortonworks who reserves the right to substitute a prize of comparable or greater value if the prize is unavailable or cannot be awarded as described for any reason. Final results of the winning Entries along with details may be used by Hortonworks in its marketing activities.
7. RIGHT TO MODIFY: Hortonworks reserves the right to offer alternative prizes without assigning any reason whatsoever. Hortonworks also reserves the right to add, modify, change, improve, or discontinue the Promotion, including any term, with or without notice. Without limiting the foregoing, if the Promotion is terminated, Hortonworks will use its reasonable endeavors to notify Participants.
8. WARRANTY DISCLAIMER: HORTONWORKS AND PRIZE SUPPLIERS MAKE NO WARRANTY, REPRESENTATION OR GUARANTY, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE INCLUDING BUT NOT LIMITED TO ITS QUALITY OR SUITABILITY AND SPONSOR AND PRIZE SUPPLIERS HEREBY DISCLAIM ANY RESPONSIBILITY OR LIABILITY RELATING THERETO. Applicable law may imply conditions or warranties which cannot be excluded, restricted or modified except to a limited extent. In this event, Hortonworks’ liability is limited to, as its option: (i) the replacement of the prize or the supply of an equivalent prize; (ii) the repair of the prize; or (iii) the payment, if it does not contravene any law, of the cost of the replacement, supply or repair.
9. LIMITATIONS OF LIABILITY: BY PARTICIPATING AND/OR ACCEPTING A PRIZE, EXCEPT FOR LIABILITY UNDER STATUTE WHICH CANNOT BE EXCLUDED, THE PARTICIPANT AGREES THAT HORTONWORKS, ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND CONTEST AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY THE PARTICIPANT FOR ANY CLAIMS, LIABILITY, OR CAUSE OF ACTION FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING WITHOUT LIMITATION PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, PARTICIPATION IN THIS CONTEST, OR PARTICIPATION IN ANY CONTEST OR PRIZE RELATED ACTIVITY OR FOR ANY FAILURE OF A PARTICIPANT’S SMARTPHONE OR OTHER DEVICE. FOR THE AVOIDANCE OF DOUBT, NOTHING HEREIN EXCLUDES OR LIMITS HORTONWORKS’ LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD OR WILFUL MISCONDUCT.
10. TAXES: Hortonworks accepts no responsibility for any tax liability that may be incurred by any person in connection with a Participant winning a prize or participating in this Promotion. All state, federal, and local taxes, sales taxes, and any other costs, fees and expenses, duties, charges and surcharges are the sole responsibility of winner. Participant shall be solely liability for any tax on any benefits provided to Participants pursuant to this Promotion.
11. GENERAL CONDITIONS: By entering, the Participant acknowledges that he or she has read, understands, accepts and agrees to be bound by the terms and conditions, as they may be amended from time to time at Hortonworks’ sole discretion. All Participants are responsible for compliance with any applicable laws, rules and regulations, contractual limitations and/or office policies, if any, regarding participation in events such as the Promotion (including the acceptance of any related prizes). Hortonworks reserves the immediate right to disqualify any Participant who, in Hortonworks’ sole discretion: (i) is not in compliance with these rules, (ii) tampers with the entry process or the Promotion; or (iii) is acting in an uncooperative, unsportsmanlike, disruptive, abusive, or threatening manner. Hortonworks shall not be liable to a Participants for failure to supply the prize or any part thereof, by reason of the prize becoming unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond Hortonworks’ control. By registering for the Promotion, the Participant consents to receiving email or other communications from Hortonworks related to the Promotion. Participant assumes any and all responsibility for delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failures or difficulties; the incorrect or inaccurate capture or failure to capture whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion, submission, or other information; the failure to capture any such information; or errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Promotion, loss of Entries, in whole or in part, or other factors beyond their reasonable control. Once submitted, answers cannot be modified, deleted or cancelled. Participant assumes any responsibility for injury or damage to Participants’ or to any other person’s smartphone or other device related to or resulting from participating in the Promotion. Anybody who tampers with or abuses any aspect of the Promotion, as solely determined by Hortonworks, will be disqualified. Anybody who uses fraudulent entry methods, or otherwise attempts to participate with multiple e-mail and/or addresses under multiple identities, or uses any device or artifice to participate multiple times will be disqualified.
12. FORCE MAJEURE. To the maximum extent allowed by applicable law, Hortonworks, its affiliates, subsidiaries, and all of their respective officers, directors, employees, representatives and agents shall not be liable, and accepts no responsibility, for (i) any delay, loss, damage, distress or inconvenience for or arising from the Promotion, including any delay, loss, damage, distress or inconvenience related to any prizes howsoever arising; or (ii) for any force major event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond Hortonworks’ control; or (iii) any costs or expenses associated with any prize which are not expressly stated to be included in the prize, including, without limitation, taxes. Nothing in these terms excludes liability for death or personal injury caused by negligence or for any other liability that cannot be excluded by law.
13. USE OF PERSONAL INFORMATION: Personal information submitted while participating in the Promotion will be used to contact potential winners. Personal information means any information that may be used to identify the Participant making the entry including, but not limited to, a first and last name, an email address, a home, postal or other physical address, other contact information, a title, a birth date, such Participant’s gender, occupation or industry, or other information needed to meet the obligations of the Promotion. By filling out the Entry, the Participant grants to Hortonworks and its affiliates an irrevocable right to print, reproduce, publish, use, edit, adapt, display, broadcast and/or modify worldwide in any way, in any and all media, now known or hereinafter developed (without compensation to the Participant), including, but not limited to, the World Wide Web and the Internet, at any time(s), the winner’s name and logos, and the name, portrait, picture, voice, likeness, and biographical information of the Participant, as news, information and for advertising and Promotion purposes without additional compensation or review. By filling out the Entry further constitutes the Participant’s consent to assign and transfer irrevocably to Hortonworks any and all rights, title and interest in the Entry, without limitation, including all copyrights.
14. CHOICE OF LAW: These validity, interpretation, and performance of any matters related to the Promotion (including these terms) shall be controlled by and construed under the laws of the State of California, without regard to principles regarding conflicts of law. The exclusive forums for resolution of any disputes related to this Agreement shall be the state and federal courts located in the courts of Santa Clara, California, and by participating in the Promotion, Participants irrevocably consent to jurisdiction of such courts.
“Bose” and “QuietComfort” are trademarks of Bose Corporation and/or its affiliates.