PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. PURCHASE DOES NOT ENHANCE YOUR CHANCES OF WINNING. Void in Guam, Puerto Rico, all other U.S. territories and possessions, and where prohibited by law. AppNexus Yieldex Client Advisory Board 2016 Survey – Olympus VG-160 Digital Camera (“Sweepstakes”) will begin on May 19, 2016 12:00 A.M. EST and end on May 19, 2016 at 11:30 P.M. EST (“Sweepstakes Period”). Sweepstakes is subject to all applicable federal, state and local laws, and the terms herein (the “Official Rules”). There are no third party beneficiaries of these Official Rules. Odds of winning depend upon the number of eligible entries received. All times in the Sweepstakes refer to Eastern Standard Time (“EST”).
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are eighteen (18) years of age or older and of the age of majority in their state of residence as of April 30, 2016 and who were attendees of the “AppNexus Yieldex Client Advisory Board 2016”. If an entrant is an attendee of the AppNexus Yieldex Client Advisory Board 2016 on account of his or her employment, such entrant must be permitted by his or her employer to participate in the Sweepstakes. Officers, directors, and employees of AppNexus Inc. or any of its subsidiaries (collectively, “AppNexus”), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as such persons (whether or not related thereto) are ineligible to enter or win the Sweepstakes.
WINNER SELECTION AND NOTIFICATION: On or about May 20, one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of AppNexus from among all eligible Entries received during the entire Sweepstakes Period. AppNexus will make two (2) attempts to notify the Winner at the email address submitted at the time of entry. Winner will be required to execute and return (via shipping service pre-paid by AppNexus) an Affidavit of Eligibility, Liability Release, Publicity Release (where legal) and any other documentation that AppNexus may require (collectively, “Sweepstakes Documents”) within five (5) days after receipt of those documents by Winner or Winner may be disqualified and an alternate Winner may be selected in a random drawing from among the remaining eligible Entries at AppNexus’ sole discretion. By returning the completed Sweepstakes Documents, Winner attests to the authenticity of his/her Entry. If Winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her prize or prize notification or prize correspondence is returned as undeliverable, Winner will be disqualified and, time permitting, an alternate Winner may be selected in a random drawing from among the remaining eligible Entries, at AppNexus sole discretion. Prize notifications and Sweepstakes Documents will be shipped to an address in the United States only.
PRIZE: There will be one (1) prize awarded (“Prize”) to the Winner consisting of one (1) Olympus VG-160 Digital Camera will be awarded “as is” with no warranty or guarantee, either express or implied by AppNexus. All federal, state, and local taxes (if any) and all other costs and expenses associated with Prize not specified herein as being awarded are the sole responsibility of Winner.
Retail value of Prize is one-hundred twenty-eight dollars ($128).
AppNexus will determine all Prize details in its sole discretion. If a Prize element is not available for any reason, as determined by AppNexus in its sole discretion, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of AppNexus’ Prize obligation to Winner and no additional compensation will be awarded. Additional restrictions may apply. Winner acknowledges that accepting any portion of Prize shall constitute full satisfaction of AppNexus’ Prize obligation to Winner and no additional compensation will be awarded. AppNexus will determine all details of Prize in its sole discretion. AppNexus reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from AppNexus, as determined by AppNexus in its sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at AppNexus’ sole discretion.
CONDITIONS: By entering the Sweepstakes, each entrant, for entrant and for entrant’s heirs, executors, and administrators (collectively the “Entrant Parties”), hereby: (a) does now and forever releases, discharges, and holds harmless AppNexus and its officers, directors, employees, shareholders, licensors, representatives, and agents (collectively, “Released Parties”) from any liability and any and all manner of actions, causes of action, suits, claims and demands whatsoever, which the Entrant Parties shall or may have, against the Released Parties (including, but not limited to, due to any illness, injury, death, loss, litigation, or damage that may occur, to any person or property of any kind), resulting in whole or in part, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes or any Sweepstakes-related activity and/or from his/her acceptance, possession, use, misuse, or inability to use Prize or any portion thereof; (b) agrees to defend, indemnify and hold harmless the Released Parties from all third-party claims or liabilities (including without limitation reimbursement for reasonable outside attorneys’ fees and disbursements) arising out of or related to the Sweepstakes or any Sweepstakes-related activity, and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize provider that are sent along with a prize; (c) agrees, if selected as Winner, to the use by Released Parties of entrant’s name and any or all of entrant’s survey responses for publicity, promotional, and advertising purposes in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use; and (d) agrees to be bound by these Official Rules and waives any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to further be bound by all actions of the AppNexus, whose decisions are binding and final on all matters related to this Sweepstakes. Failure to comply with any of these conditions may result in disqualification from the Sweepstakes at AppNexus’ sole discretion.
ADDITIONAL TERMS: AppNexus reserves the right to terminate the Sweepstakes or permanently disqualify from any promotion any person they reasonably believe has violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or operation thereof is unlawful and subject to legal action by AppNexus, who may seek damages to the fullest extent permitted by law. AppNexus reserves the right to cancel, suspend, or modify the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules), including without limitation, any computer virus, malfunction, or other cause which may corrupt the administration, security, or proper operation of the Survey or Sweepstakes. In the event of such cancellation, suspension, or modification, AppNexus reserves the right to award the Prize in a random drawing from among all eligible, non-suspect Entries received prior to the event which required such cancellation, suspension, or modification. Notice of cancellation, suspension, or modification will be posted on AppNexus’ web site. The failure of AppNexus to comply with any provision of these Official Rules due to circumstances or causes beyond its reasonable control (including but not limited to fire or other casualty; storm, flood, earthquake or other act of God; failure of telecommunications services, public utilities or an Internet brown out; strike, lockout or other labor dispute; war, act of the public enemy, rebellion, insurrection, riot, invasion or other violence; or any act or omissions of any government or any officer, department, agency or instrument thereof) will not be considered a breach of these Official Rules. Without limiting the generality of the foregoing, the Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer and/or telephone relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes; and the Released Parties are not responsible for telecommunications, network, electronic, technical, mobile telephone service, or computer failures of any kind, for inaccurate transcription of Entry information, for errors in any promotional, marketing, or prize notification or fulfillment materials or in these Official Rules, for any human or electronic error, or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. AppNexus may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts in a manner which could be reasonably construed to annoy, abuse, threaten, interfere with or harass any other entrant, AppNexus, or AppNexus’ agents or representatives; or behaves in any other disruptive manner (as determined by AppNexus in its sole discretion).
DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES OR PRINCIPLES, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
APPNEXUS: AppNexus Inc., 28 West 23rd Street, 4th Floor, New York, NY 10010.