Cyntellect Survey Giveaway
No Purchase Necessary To Enter or Win
Eligibility
THIS IS A TRADE PROMOTION ONLY. The Cyntellect Survey-to-Win Giveaway (the "Sweepstakes") is open to all legal English speaking residents of the United States, the European Community, and Canada (excluding the province of Quebec), who are at least twenty one (21) years old at the Sweepstakes start date and are active employed members of the scientific community, working in the science trade, during the sweepstakes period, as outlined below (the “Entrant”). The Sweepstakes is void wherever restricted or prohibited by law. Employees and directors of Cyntellect, (“Sponsor”), The Linus Group (“Administrator”) along with their affiliated entities, parent, and subsidiaries (collectively “Released Parties”); advertising, Sweepstakes, and fulfillment agencies; legal advisors; as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee and director are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, province, and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Note: Prize is delivered to the entrant’s current employer and no single individual can win the Grand Prize. Awarding of Grand Prize, as outlined below, will be contingent upon acceptance of Grand Prize by entrant’s employer.
Timing
The Sweepstakes begins at 12:00 AM PT on September 21, 2009 and ends at 11:59 PM PT on March 20, 2010 (the “Sweepstakes Period").
How to Enter the Sweepstakes
No purchase necessary to enter or win. Answer the questions on Sponsor’s survey located here http://www.cyntellect.com/sweepstakes. Then, click on the “enter me” button to be entered to win the prize, listed below. If, at any time, you wish to stop answering questions and simply be entered into the Sweepstakes, click on the “enter me” button and follow the on-screen instructions to enter. You will be required to provide us with information necessary to award the prize should you be a winner.
One entry per natural person. Any Entrant who attempts to participate with multiple identities or uses any device or artifice to obtain more than the maximum number of entries, will be disqualified. Entrants may be asked for additional information to verify identity and their address. Sponsor assumes no responsibility for technical, electronic, telephone, telephone congestion, hardware, software or network, computer or data transmission errors, malfunctions or difficulties of any kind.
Privacy
The personally identifiable information collected will be used by Sponsor and Administrator for the purpose of tracking entries into the Sweepstakes, and may also be used to contact Entrants for subsequent Sweepstakes. Entrants may opt-out of being contacted using the information contained in the contact email. Results of the Survey will be tallied and the information collected will be used in aggregate form with no personally identifiable information attached, for commercial and research purposes. Survey results may also be combined with other collected research data.
Sponsor and Facilitators may also disclose any collected information to third parties as required through a valid legal process such as a search warrant, subpoena, statute, or court order.
Selection and Notification of Winners for Sweepstakes
The odds of winning depend upon the number of entries received.
On or about March 25, 2010, one (1) entry will be randomly drawn by Administrator from among all eligible entries received during the Sweepstakes Period. Drawing will be held on or about March 25, 2010. The winner (“Selected Entrant”) will be required to respond (as directed) to the phone and/or e-mail notification within 72 hours of attempted notification with the name of the contact person at Selected Entrant’s place of employment who is authorized to accept the Grand Prize. The failure to respond timely to the notification, and/or the failure of Selected Entrant’s Employer (“Employer”) to accept the prize may result in forfeiture of the prize and, in such case, Administrator or Sponsor may randomly select an alternate Selected Entrant from among the remaining eligible entries, up to 5 times, until a winner can be determined. Employers will be required to provide all requisite corporate information in order to properly award prize. Unless restricted by law, each Employer will be required to complete and return the Release within the time period specified therein. An alternate selected entrant may be randomly selected from among the remaining eligible entries if a selected entrant: (i) cannot be reached; (ii) fails to obtain the appropriate Employer information; (iii) is not qualified based upon employment status; or (iv) the Employer cannot or will not accept or receive the prize for any reason. If Selected Entrant is a Canadian resident, he/she will be required to correctly answer a skill question in order for his/her Employer to be eligible to receive any prize. Prizes will only be shipped to addresses in the U.S., EU Countries or Canada.
Verification of Selected Entrants
Selected Entrant must continue to comply with all terms and conditions of these Official Rules, and winning a prize for his/her current scientific employer is contingent upon fulfilling all requirements and full acceptance of Grand Prize and conditions by Selected Entrant’s Employer (“Employer”). In the event that Selected Entrant changes employers during the Sweepstakes Period, the Employer will be that company or organization that was the employer of record at the time of entry. The Selected Entrant may be required to sign or authorize and return to Sponsor, within 10 days of the date notice or attempted notice is sent, an affidavit of eligibility, proof of eligibility, and liability/publicity release in order to claim prize. Sponsor is not responsible for computer malfunctions of Selected Entrant, and is not responsible for responses not received within the allotted time. Selected Entrant who does not receive a response from Sponsor should assume that communication was not received by Sponsor.
Prizes
Grand Prize will be awarded to entrant’s company and not entrant. Grand Prize: A Celigo™ Adherent Cell Cytometer, Total approximate retail prize value: (U.S.) $135,000. Provided all information is received and verified, Employer will be deemed the winner (“Winner”). Winner is responsible for all taxes and fees associated with prize receipt and/or use. Winner may be issued a 1099 form. All winnings are taxable income. If prize cannot be awarded due to circumstances beyond control of Sponsor, a substitute prize of equal or greater retail value will be awarded. Winner cannot assign or transfer their prize to another person. No prize substitution is allowed except at the discretion of Sponsor.
Release
By receipt of any prize, Winner agrees to release and hold harmless Sponsor and Facilitator and its respective subsidiaries, affiliates, suppliers, distributors, advertising/Sweepstakes agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties" or “Releasees”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
General Conditions
Sweepstakes is subject to these Official Rules. All decisions of Sponsor and Administrator are final and binding; and Entrants agree to waive any right to claim ambiguity in the Sweepstakes or these Official Rules, except where prohibited by law. By accepting a prize, winner agrees to release the Releasees from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of prize or participation in any prize-related activities. Sponsor reserves the right to use the Sweepstakes for publicity purposes in any media, and to use the name, likeness, and hometown name and/or prize information of Selected Entrant or Winner as part of that publicity, without any compensation or prior review unless prohibited by law. This Sweepstakes is void where prohibited or restricted by law, and subject to applicable federal, state provincial and local laws. Sponsor reserves the right to disqualify any Entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or violating these Official Rules. The Releasees shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes, and reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Sweepstakes in any way by cheating, hacking, deception, or any other unfair practices of intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives. Use of any automated system to participate is strictly prohibited and will result in disqualification. Sponsor may disqualify at its sole discretion any entries it believes are created by an automated system. Disputes regarding these Official Rules and/or this Sweepstakes will be governed by the internal laws of the State of California. Any and all legal actions or claims arising in connection with this Sweepstakes must be brought in a court of competent jurisdiction within the United States. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.
Privacy
Sponsor and Administrator shall make commercially reasonable efforts to comply with CAN-SPAM. The personally identifiable information collected will be used by Sponsor and Administrator for the purpose of tracking entries into the Sweepstakes, and may also be used to contact Entrants for subsequent Sweepstakes or promotions. Consistent with CAN-SPAM practices, Entrants may opt-out of being contacted using the information contained in the contact email. Results of the Survey will be tallied and the information collected will be disseminated in aggregate with no personally identifiable information attached, commercially and for research purposes. Survey results may also be combined with other collected research data.
Sponsor and Facilitators may also disclose any collected information to third parties as required through a valid legal process such as a search warrant, subpoena, statute, or court order.
Sponsor
Sweepstakes is sponsored by Cyntellect. 6620 Mesa Ridge Road, San Diego, CA 92121, USA.
Winner’s List/Official Rules
For a copy of these official rules or a winner’s list, please send a self-addressed stamped envelope to The Linus Group, C/O Cyntellect Survey, 5900 Hollis Street, Suite H, Emeryville CA 94608, USA. WA and VT residents need not affix postage.