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The 2019 IBM Online Code Challenge Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. These are the terms and conditions (the “Official Rules”) that govern the relationship between Entrants (defined below) and Sponsor in respect of these Sweepstakes.
ELIGIBILITY: The 2019 IBM Online Code Challenge Sweepstakes (the “Sweepstakes”) is open only to legal residents of the 50 United States and District of Columbia, Canada (excluding Quebec), the United Kingdom, and Spain who are 18 years of age or older (an “Entrant”). Employees, officers, directors of International Business Machines Corporation (“IBM” or “Sponsor”), BI Worldwide (“Administrator”), IBM business partners, and any of their respective subsidiaries and affiliated companies, agents, contractors, advertising/promotion agencies, individuals engaged in the development, production, or distribution of materials for, or implementation of the Sweepstakes (“Sweepstakes Entities”), and the immediate family members (spouse, siblings, children and parents including foster and step-relations) or those living in their same household (whether or not related) as any person in any of the preceding categories, are not eligible to enter or win a prize. Employees of Government and Government owned entities (as defined herein) and any other similar entities are excluded from participation in the Sweepstakes.
A Government Owned Entity (“GOE”) is defined as an organization/individual who meets any of the following criteria: Governmental bodies and employees – national, state, provincial, local, municipal government – and any department, agency, public enterprise or instrumentality of a government; State owned hospitals, schools, utilities; State owned enterprises (whether wholly or partly owned); Public international organizations; Private companies controlled fully or partly by or under common control with any of the above; a political party or party official, or any candidate for political office. GOE also includes GOE customers who may consist of: public schools, utilities and organizations licensed to provide public services; public international organizations, such as the United Nations or World Health Organization; entities subject to public procurement laws and regulations; other entities, even those that are privately held and those that are publicly traded, if a government, a public international organization, an entity subject to public procurement laws or a government official, owns or has the ability to exercise control over such entity; and U.S. Federal Clients, including: (i) executive, legislative and judicial branches of the U.S. Federal government, (ii) U.S. Government-affiliated corporations (e.g., Tennessee Valley Authority), (iii) quasi-governmental organizations (e.g., The Smithsonian Institution), (iv) commercial business enterprises operating under a U.S. Federal government power of attorney, or with Management Operating Contractor (MOC) status. Void where prohibited or restricted by law.
By entering, each Entrant fully and unconditionally agrees to and accepts these Official Rules, the information provided by Sponsor in connection with the Sweepstakes, and the decisions of the Sponsor and Administrator (and their authorized representatives) which are final and binding with respect to all matters pertaining to this Sweepstakes.
SWEEPSTAKES PERIOD: The Sweepstakes begins on or about 12:00 AM Eastern Time (ET) on May 13, 2019 and ends at 11:59 PM ET on June 16, 2019 (“Sweepstakes Period”). The Sweepstakes consists of five (5) Weekly Challenge Sweepstakes. For purposes of this Sweepstakes a Weekly Challenge Sweepstakes “Entry Period” is as follows:
12:00 AM ET on 13 May 2019
11:59 PM ET on 19 May 2019
12:00 AM ET on 20 May 2019
11:59 PM ET on 26 May 2019
12:00 AM ET on 27 May 2019
11:59 PM ET on 2 June 2019
12:00 AM ET on 3 June 2019
11:59 PM ET on 9 June 2019
12:00 AM ET on 10 June 2019
11:59 PM ET on 16 June 2019
The Sponsor’s clock shall be the official time keeping device for this Sweepstakes. All time referenced in connection with the Sweepstakes is United States Eastern Time (“ET”). Entrants are solely responsible for determining the corresponding time zone in their respective jurisdictions; Sweepstakes Entities disclaim all liability or responsibility relating thereto.
TO ENTER: Visit www.developer.ibm.com/contest (“Website”) during the Sweepstakes Period and follow the online registration instructions; upon registration you will receive one (1) Sweepstakes entry (“entry”). Limit one (1) entry per person.
Proof of entry is not proof of its receipt or eligibility for the Sweepstakes; only submissions that have been received and verified by Sponsor (or its authorized representative) within the time specified may be eligible to receive an entry. Participation and prize award are subject to verification and/or determination of all Entrants, and any other information required by Sponsor in order to verify a winner. Any suspected attempt by any Entrant, directly or indirectly, to cheat, engage in fraud, to obtain unauthentic or fraudulent entries, ineligible or inaccurate or untimely submissions, as determined in Sponsor’s sole and absolute discretion, will void all such entries, and disqualify any Entrant suspected of using/benefitting from such methods. Without limiting the foregoing, Sponsor has the right to verify Entrants’ eligibility and compliance with these Official Rules and, on the basis of its investigation, disqualify any Entrant at any time during or after the Sweepstakes Period, and require immediate Prize return, if applicable. Sweepstakes Entities assume no responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, illegible, or misdirected entries (in whole or in part), and/or non-compliance. Important: If an Entrant is participating via a mobile device, message and data rates may apply. Entrant should consult his/her wireless service provider regarding its pricing plans. Participation may not be available on all mobile devices or cellular networks.
DRAWING/ODDS: There will be five (5) random Weekly Challenge Sweepstakes drawings; one (1) for each Week. For each drawing Sponsor, located at the offices of 11501 Burnet Rd. Austin, TX 78758 , will randomly select potential winners from among all eligible entries received on or about 11 AM ET approximately three (3) business days after the end of each Week to award the prizes available for that respective Weekly Challenge Sweepstakes (see Prize section below). Non-winning entries will be carried forward into subsequent Weekly Challenge Sweepstakes drawings (if any). Odds of winning depend on the number of eligible entries received for each Weekly Challenge Sweepstakes drawing.
For Canada residents only, potential winner of a prize will be required to correctly answer a timed, mathematical skill-testing question in order to be confirmed as a winner and receive a prize.
Potential Weekly Challenge winners will be notified by email (used at time of registration) on or about five (5) business days after each drawing, and asked to supply their shipping address for prize fulfillment. Prizes will only be fulfilled to mailing addresses within the United States and Canada (excluding Quebec), the United Kingdom, and Spain. In the event of noncompliance, if an Entrant is or becomes noncompliant or ineligible during or after the Sweepstakes Period, or if a potential winner fails to respond to the email or other notification within the time specified, declines the prize, or cannot be reached using the contact information (in Sponsor’s discretion) from the Website, that prize will be forfeited in its entirety. Prize or prize notifications that are un-awarded, unclaimed, returned, undeliverable, misdirected (including into spam or junk folders) or otherwise will be forfeited and will not be awarded or re-awarded.
WEEKLY CHALLENGE SWEEPSTAKES PRIZE/QUANTITIES/APPROXIMATE RETAIL VALUE (“ARV”):
Prize: A drone prize pack, consisting of a Tello drone, and IBM Developer branded t-shirt, and an IBM Developer branded sticker. ARV USD$110/CAD$144.
Number of prizes available by Week
A total of 1,500 prizes will be made available during the Sweepstakes Period; total ARV of all prizes USD$165,000/CAD$220,500/GBP£127,500/EURO€147,000. All prizes are subject to the terms and conditions of the manufacturer prize supplier.
Limit one (1) prize per person or mailing address. Any difference between ARV and actual value of a prize will not be awarded. Make, model, color, and features of prizes are in Sponsor’s sole and absolute discretion. Any and all applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of a winner. A winner is advised to seek independent counsel regarding any tax implications of their prize winning. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. In no event will Sweepstakes Entities be responsible to award more than the stated number of prizes herein. All prizes will be awarded assuming sufficient eligible entries are received. Prize cannot be assigned, transferred, redeemed for cash, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize (or any element thereof) with a prize of equal or greater value. Prizes, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising, on the Website or Sweepstakes materials is for illustrative purposes only and may not be the actual prize awarded. WITH THE EXCEPTION OF ALL VALID MANUFACTURER’S WARRANTIES WITH RESPECT TO A PRIZE, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. By accepting a prize, winners are assuming and accepting responsibility for ensuring legally compliant and correct use of drone after prize award by any and all users; winners understand and agree that Sweepstakes Entities disclaim and shall be released from and indemnified for all Disputes (defined below), liability and responsibility relating thereto.
LIMITATIONS OF LIABILITY: To the maximum extent permitted by law, Entrants and winners agree to release, indemnify, defend and hold harmless (“release”) Sponsor and all other Sweepstakes Entities, their parents, affiliates, subsidiaries and divisions, and their respective entities, and each of their predecessors, divisions, directors, owners, officers, employees, members, managers, shareholders, successors, assigns, contractors, agents, insurers, guarantors, and representatives (“Released Parties”) from and against any and all threatened or actual claims, debts, demands, actions, causes of action, suits, proceedings, judgments, settlements (whether or not litigation is commenced), obligations, damages (including without limitation wrongful death, bodily or personal injury and disability except UK residents only), losses, accounts, reckonings, executions, liabilities, costs and expenses (including reasonable attorney’s fees), property damages and any other losses, penalties or fines whatsoever of any kind or nature, whether at law or in equity, known or unknown, asserted or un-asserted, that Entrant ever had, now have, or that may arise in the future (“Disputes”) asserted in, arising out of or based upon participation in the Sweepstakes, the entry (in whole or in part), any Sweepstakes and/or Prize-related activity or inability to participate in or parts thereof, the delivery, acceptance, use, mis-use of a Prize or any failure with respect thereto, personal injuries and death (except UK residents only), damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory, any act, default, omission, non-compliance, and/or a violation or breach of any agreement, representation (with the exception of fraudulent misrepresentation for UK residents only), warranty or covenant made herein, or any other agreements by/with Participant, the Sweepstakes Entities, and/or any other party or entity. Further, to the maximum extent permitted by law, and without limiting the foregoing, any Entrants and winners covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Sweepstakes Entities of any term in these Official Rules does not constitute a waiver of any other provision. The nullity or invalidity of any of the provisions or clauses will not affect the validity of the remaining. In the event that such invalidity will be declared, these Rules will continue to be valid in all other clauses.
In no event will the Released Parties be responsible or liable for any indirect, incidental, consequential or punitive damages arising directly or indirectly out of this Sweepstakes, participation in Sweepstakes and/or prize related activities, the use of the entry in whole or in part, the use or misuse of a prize or any element thereof, or access to, and use of any participating Website(s) or the downloading from and/or printing material downloaded from said site(s). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. You will be asked to provide express consent; by doing so Entrants and winner(s) consent, where lawful, to the use (but without obligation) by Sponsor (and their affiliated companies and their respective authorized representatives) of their name, company name, Sweepstakes entry information, image, photographs, videotape, likeness, hometown name, biographical information, voice as well as any statements made by winner regarding the Sweepstakes or Sponsor (provided they are true) for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, including but not limited to the Internet, mobile devices, and World Wide Web, without additional compensation, and without the right of review, notification or approval.
GENERAL CONDITIONS: Sponsor and other Sweepstakes Entities are not responsible for lost, late, misdirected, incomplete, unintelligible, illegible, or stolen entries, or for lost, interrupted or unavailable satellite, network, server, devices, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed equipment, computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of information, nor for the failure to capture any such information. Persons who are suspected of artifice, cheating, tampering with, or abusing any aspect of the Sweepstakes or Website, as solely determined by the Sponsor, will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor is not responsible for injury or damage to Entrants’ or to any other person’s computer or (mobile) device related to or resulting from participating in this Sweepstakes or downloading or uploading materials from or use of the Website. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes (similar or dissimilar) which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, or any element thereof and determine participants and/or winner(s) from eligible entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction to, or unauthorized use of the Website beyond its control. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, brochures, Sweepstakes materials, announcements and/or any other information or communications in any and all media relating to this Sweepstakes or any element thereof, these Official Rules shall govern.
Sweepstakes Entities shall not be liable to any Entrant, winner or any other person or entity for failure to execute the Sweepstakes or any element thereof, or supply a prize, or any part thereof, by reason outside of its control including any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation of an event, or any similar or dissimilar event beyond their reasonable control.
DISPUTES: Governing Law: Sponsor’s decisions are final and binding in all matters and disputes relating to this Sweepstakes, including, but not limited to, interpretation and application of these Official Rules. For greater certainty, such matters and disputes are to be resolved in Sponsor’s sole discretion. Except in relation to UK residents, the parties waive all rights to jury trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. For any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Westchester in the State of New York. The parties agree not to raise the defense of forum non conveniens. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO CONFLICTS OF LAWS RULES. In relation to UK residents, this Sweepstakes and these Official Rules are governed by English law and the parties irrevocably submit and consent to the exclusive jurisdiction of the English courts.
WINNERS LIST: To request a winners list, send a request to firstname.lastname@example.org. .
SPONSOR: International Business Machines Corporation, 1 New Orchard Road, Armonk, NY 10504 USA.
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