NO PURCHASE NECESSARY TO ENTER OR WIN. YOU HAVE NOT YET WON. MUST BE LEGAL RESIDENT OF THE UNITED STATES OR CANADA (EXCLUDING QUEBEC) AT LEAST 18 OR AGE OF MAJORITY, WHICHEVER IS OLDER IN STATE OF RESIDENCE, AT DATE OF ENTRY INTO THE SWEEPSTAKES. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.
Sponsor, Administrator and Prize Provider: CBS Interactive Inc., 235 Second Street, San Francisco, CA 94105
1. Acceptance of Official Rules. By entering the B2B Big Data Survey (the "Sweepstakes") you hereby accept and agree to these official rules (the "Official Rules") of this Sweepstakes, and the decisions of the Administrator in connection with this Sweepstakes, whose decisions are final.
2. Eligibility. Sweepstakes is open to legal residents of the United States or Canada (excluding Quebec), 18 years old or age of majority, whichever is older in state of residence, at time of entry. Void where prohibited by law. Not eligible to enter are employees (and the immediate families and household members of such employees) of IBM and Sponsor, its affiliates, subsidiaries, parent company, advertising and promotion agencies, and suppliers. Sweepstakes is subject to all provincial, federal, state, and local laws.
3. Entry Period/ How to Enter. The Sweepstakes begins at 7:00 AM Pacific Time ("PT") on November 10, 2012 and ends at 7:00 AM PT on November 30, 2012 ("Entry Period."). There are two methods of entry into this Sweepstakes, an online and a write-in method. No other methods of entry will be accepted. Online Method: to enter, complete and submit the online survey form when it is randomly served to you by the Sponsor to receive one entry in the Sweepstakes. Online entry must be received by 7:00 AM PT on November 30, 2012 in order to be eligible for the prize drawing. Write-in Method: To enter by mail, hand print the words "B2B Big Data Survey", along with your name, address date of birth, phone number and, email address (optional), and the CBS Interactive Inc. website where you saw the survey (if any), on a 3½" x 5" card, affix proper postage and mail to: B2B Big Data Survey - CBS Interactive, attn: CNET Direct, 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309. Write-in entries must be legibly handwritten, postmarked by November 30, 2012 and received by December 5, 2012 to be eligible. Entry materials that have been tampered with or altered are void. Any incomplete, illegible, corrupted, postage due or misdirected or late entry is void. No copies, facsimiles or reproductions of online entry form or mail-in entry will be accepted. Proof of mailing does not constitute proof of delivery. Sponsor will not acknowledge receipt of entry. All entries become the property of Sponsor and will not be returned. Limit one entry per person, regardless of method of entry. An email address may only be used once, and not for multiple entrants. Multiple entries submitted by a single entrant, whether via online or mail-in, are void and will be disqualified. Subsequent attempts made by the same individual to enter by using multiple email addresses or otherwise will be disqualified. Entries generated by script, macro or other automated means are void. Online entrants must complete all data requested on survey entry form. Incomplete online or mail-in entries are void.
4. Prize. The Sweepstakes will award one (1) prize that consists of Five Hundred Dollars (US$500.00) to be awarded in the form of a check.
5. Certain Prize Restrictions. No assignment, transfer, conversion to cash or cash redemption or substitution of a Prize is permitted, except that the Administrator reserves the right to substitute a Prize or any of its components with a prize of comparable or greater value should a Prize or any of its components become unavailable. Prize is solely for personal use and may not be used in conjunction with any other promotion.
6. Odds/Drawing/Winner Notification. Prize will be awarded by random drawing. Odds of winning the Prize depends on the number of eligible entries received during Entry Period (incorporating both methods of entry). Eligible entries are defined as respondents that fit the eligibility requirements and completed the survey or eligible participants that followed the Mail-in instructions correctly. On or about December 6, 2012 the Prize drawing will be conducted at random by Administrator, whose decisions are final and binding in all respects. Any potential Prize Winner who is a resident of Canada will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered online or offline at a mutually convenient time in order to be declared a winner. Potential Prize Winner will be notified by mail, email and/or by phone. If a potential Prize Winner cannot be reached after a reasonable effort has been made during (5) business days from the first notification attempt, such person may be disqualified, with an alternate Prize Winner(s) selected in accordance with these Official Rules. Only two attempts for a new alternate will be conducted. If attempts fail, unclaimed Prize(s) will not be awarded.
7. Prize Taxes. All federal, state, local, provincial and other tax liabilities arising from this Sweepstakes, including, without limitation, winning the Prize, will be the sole responsibility of the Prize Winner.
8. Affidavit of Eligibility/Liability Release and Publicity Release. Prize Winner will be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of notification of winning. Failure to return Release Forms timely, or if Prize notification or the Prize is returned as non-deliverable, or if the Prize Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Prize Winner selected in accordance with these Official Rules.
9. Publicity Release Terms. Except where prohibited by law, the Prize Winner's acceptance of the Prize constitutes permission for the Sweepstakes Entities to use Prize Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
10. Improper Conduct. Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award the Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Sweepstakes. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of the Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of the Prize and/or return of the Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE SWEEPSTAKES ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Integrity of Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and select the Prize Winner from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
12. Lost or Corrupted Entries. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes, and 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 the Sweepstakes.
13. Damaged Property. Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Sweepstakes or downloading materials from this Sweepstakes.
14. Sweepstakes Errors. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Sweepstakes.
15. Prize and Prize Winner. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of the Prize Winner, the distribution of the Prize, the acceptance/possession and/or use/misuse of any part of the Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of the Prize or any part of this Sweepstakes.
16. Release and Indemnity. Each entrant in this Sweepstakes, including, without limitation, the Prize Winner, hereby releases and agrees to hold harmless the Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes.
17. Limitation of Liability. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
18. Disclaimer of Warranties. THE SWEEPSTAKES AND PRIZE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
19. Identity Disputes. In the event of a dispute as to the identity of a Winner based on an e-mail address or phone number, the winning entry will be declared made by the Authorized Account Holder of the e-mail address and/or phone number submitted at time of entry. For purposes of these Official Rules "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail address and/or phone number by an Internet access provider, online service provider, phone service carrier (or as shown on the carrier's billing records) or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or the phone number associated with the phone service provider.
20. Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York in the City of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
21. Governing Law and Jurisdiction. This promotion is governed by US law and is subject to all applicable federal, state, provincial and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 20 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
22. Winner List/Official Rules: For the name of the Prize Winner send a self-addressed stamped envelope for receipt by December 30, 2012 to "B2B Big Data Survey Winner" c/o CBS Interactive Inc., CNET Direct, 1401 W, Cypress Creek Rd, Suite 200, Fort Lauderdale, FL 33309. For a copy of the Official Rules mail a self-addressed stamped envelope to the above address marked "B2B Big Data Survey Official Sweepstakes Rules" for receipt by November 30, 2012. Residents from VT may omit return postage. The full name of the Prize Winner may be posted and the Official Rules will be posted on the CBS Interactive Inc. site running the survey.