Webroot Software, Inc.
2010 Internet Security Suite Beta Promotion
Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. ANSWERS TO FEEDBACK QUESTIONS WILL NOT INFLUENCE YOUR CHANCES OF WINNING. The Webroot Software, Inc. (“Webroot”) “2010 Internet Security Suite Beta Promotion” (“Promotion”) and participation therein is governed in all respects by these 2010 Internet Security Suite Beta Promotion Terms and Conditions (“Terms”). The winners will be randomly drawn from all eligible entries received. By participating in the Promotion, each Participant fully and unconditionally agrees to be bound by and accepts these Terms and the decisions of Webroot (including, without limitation, the eligibility of Participants and satisfaction of conditions to receive a prize). Promotion is only open to legal residents of the fifty (50) United States, the District of Columbia, and Canada, excluding the province of Quebec, age 18 or older as of the date of entry. The promotion is void where prohibited or restricted by law. Promotion is sponsored by Webroot at 2560 55th Street, Boulder, Colorado 80301.
ELIGIBILITY.
Eligible Participants. This Promotion is only open to users who download and install 2010 Internet Security Suite Beta and provide feedback via the beta feedback button (individually a “Participant” and collectively the “Participants”). ThisPromotion is only open to legal residents of the fifty (50) United States, the District of Columbia, and Canada, excluding the province of Quebec, age 18 or older as of the date of entry. The promotion is void where prohibited or restricted by law. Employees, officers, independent contractors, and directors of Webroot and its parents, subsidiaries, affiliates, legal advisors, advertising, public relations and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to participate. Residents of jurisdictions prohibiting such promotions should consider this offer void.
Limitation of Eligible Participants. LIMIT: Only (1) entry per eligible Participant. Determination of eligible and disqualified Participants in this Promotion shall be determined by Webroot in its sole and absolute discretion.
Business Restrictions. If any Prize cannot be awarded by Webroot to a Participant for any reason (including, without limitation, if corporate or other policies of the Participant preclude receipt of an item, award or prize), Webroot, in its sole discretion, may disqualify the Participant.
PROMOTION PERIOD. The Promotion begins at 12:01 a.m. Mountain Time (“MT”) on October 19, 2009 and ends at 11:59 p.m. MT on December 31, 2009 (the “Promotion Period”). To qualify for the random drawing, a Participant must complete the participation process, as described below, during the Promotion Period. Webroot’s computer is the official timekeeping device for this Promotion.
PARTICIPATION IN THE PROMOTION; PRIZE.
How to Participate. During the Promotion Period, the eligible Participants that fully complete the following participation process will be entered into a random drawing , as described below, subject to the limitations and restrictions set forth below.
Participant must download and install 2010 Internet Security Suite Beta during the Promotion Period.
Participant must submit feedback via the beta feedback button to Webroot.
Prizes. Five (5) winners will be selected to each receive a prize consisting of one (1) Amazon.com gift certificate valued at two hundred fifty U.S. dollars ($250.00). Winner is responsible for internet access fees and service charges.
Selection of Winner. Each winner will be determined by random drawing of all eligible entries received by December 31, 2009. Random drawing will be conducted by Webroot. Odds of winning a prize are based on the number of eligible entries received. Winners will be notified on or about January 31, 2010 by email.
Prize Limitations and Restrictions. LIMIT: Only one (1) entry per eligible Participant. Prizes subject to availability. Prize will be mailed or shipped free of charge to the address of the winner as provided to Webroot within the fifty (50) United States, the District of Columbia, or Canada, excluding the province of Quebec. Participation in the Promotion as described above must be fully completed during the Promotion Period; late participation or partial participation will disqualify the subject Participant. All Participants and participation in this Promotion are subject to verification by Webroot; unverifiable Participants or participations may disqualify the subject Participant. Only (1) entry per eligible Participant, and any attempt to obtain more than one (1) entry, whether by attempts to participate multiple times in this Promotion or otherwise, may disqualify Participant from participation in all aspects of this Promotion. Prizes are non-transferable, non-assignable, and non-refundable. Prizes must be accepted as awarded, and prizes are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Webroot or for which Webroot shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Winners are fully responsible for any and all applicable federal, state, international and local taxes and assessments. No cash or other substitution may be made for a Prize, except by Webroot, which reserves the right (but has no obligation) to substitute a Prize (or a component thereof) with another Prize (or component thereof, including cash) of equal or greater value if the Prize (or component thereof) is not available for any reason as determined by Webroot in its sole discretion. All costs and expenses not specified herein, related to a prize or the use thereof are the sole responsibility of the winner. A Participant must comply with all terms and conditions of these Terms, and receipt of a prize is contingent upon fulfilling all requirements. Winners may be required to sign and return a release of liability, declaration or affidavit of eligibility within fifteen (15) days of receipt by winner as a condition of receiving the Prize.
FORCE MAJUERE. Webroot will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder to the extent resulting from causes beyond the reasonable control of Webroot, including without limitation, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, terror, public health conditions, war, governmental action, labor conditions, earthquakes, and material shortages.
LIMITATION OF LIABILITY. Webroot and its employees, officers, directors, shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (a) incorrect or inaccurate Participant or participation information; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Promotion; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a Participant’s participation in the Promotion, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Under no circumstances will a Participant be permitted to obtain awards for, and each Participant hereby waives all rights to claim punitive, incidental, and consequential damages (including, without limitation, lost profits) and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
PUBLICITY. Except where prohibited by law, participation in the Promotion constitutes a Participant’s consent to Webroot’s use of Participant’s name, biography, likeness, voice, photographs, video, opinions, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration or consent.
GENERAL CONDITIONS. These terms do not amend, modify, supersede, or replace any term or provision of any agreement between Participant and Webroot; these Terms are intended to be a separate and independent agreement, with eligible Participants that participate in this Promotion. Webroot reserves the right, in its sole direction, to terminate, modify, or suspend the Promotion (including, without limitation, these Terms) in its sole discretion. Webroot encourages all eligible Participants to check Webroot’s website at www.webroot.com/registration/betaRegistration.php frequently to stay current with the Terms and the Promotion. Webroot reserves the right in its sole discretion to disqualify from the Promotion any Participant it finds to be acting in violation of these Terms or otherwise in bad faith. Webroot's failure to enforce any term of these Terms shall not constitute a waiver of that provision. These Terms will be governed by the laws of the State of Colorado, without regard to any of its conflict of laws provisions that would cause the laws of another jurisdiction to apply. Each eligible Participant agrees that any and all disputes, claims, and causes of action arising out of or connected with the Promotion shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the City and County of Denver, Colorado. Each eligible Participant hereby submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction.