NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING INTO OR PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH CONSTITUTE A CONTRACT, SO READ THEM CAREFULLY, IF YOU DO NOT AGREE WITH THE TERMS OF THIS CONTRACT, DO NOT ENTER THE SWEEPSTAKES.
- Sponsorship. INDUSTRY: The Product Conference Giveaway (the “Sweepstakes”) is sponsored by Product Collective, LLC (“Sponsor”) with a principal address of 1477 Cohassett Avenue, Lakewood, Ohio 44107 (“Sponsor’s Location”). The Sweepstakes is governed by these Official Rules. By participating in the Sweepstakes, you agree to be bound by these Official Rules and the decisions of the Sponsor (including Sponsor’s interpretation and application of these Official Rules), which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
- Eligibility. The Sweepstakes is open to all natural persons who (a) are residents of the United States; (b) at the time of entry, are the age of majority in your state of residency; and (c) have a valid e-mail address. As applicable, owners of the Sponsor, employees of the Sponsor, their affiliates, licensees, franchisees, advertising and promotional agencies and the immediate family members of each are not eligible. An “immediate family member” is defined to mean spouse, parent, grandparent, child or sibling. In-laws are not considered to be immediate family members. Entries submitted by or on behalf of entrants who do not meet the eligibility requirements are void.
- Sweepstakes Procedure. During the Entry Period (as herein defined), Participants may enter by visiting this page and submitting (1) name, (2) employer or affiliated company name, if applicable, (3) title, (4) valid email address, (5) State of residency, and (6) County of residency (the “Required Information”). Each entrant will receive one (1) entry into the promotion during the Entry Period. Use of any automated system to participate is prohibited and will result in disqualification. Entries that are incomplete, illegible, damaged, destroyed, late, misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from any and all Sweepstakes, at the Sponsor’s sole and absolute discretion. Attempts made by the same individual to submit multiple entries by using multiple emails, addresses, accounts or other means may be disqualified. Entries generated by any automated means are void and may be disqualified.
The Sweepstakes will begin on Monday, September 6, 2021 at 8:00AM ET and end on Friday, September 17, 2021 at 11:59PM ET, unless earlier terminated or canceled by Sponsor (the “Entry Period”).
- NO PURCHASE IS NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. FURTHER, A PURCHASE WILL NOT IMPROVE A PARTICIPANT’S CHANCES OF WINNING A PRIZE IN THE SWEEPSTAKES.
- Drawings. The random drawing will be conducted by a representative of Sponsor, or at Sponsor’s direction, from all eligible entries received during the Entry Period (each, a “Drawing”). At least twenty-five (25) potential winners will be selected at random from all eligible entries received during the Entry Period with the first potential winner selected on or about Monday, September 20, 2021.
- Announcement of Winners. If you are a potential winner in a Drawing, you will be notified by the Sponsor, within forty-eight (48) hours following the Drawing, via e-mail at the e-mail address associated with the potential winner’s entry into the Sweepstakes. To claim a prize, you must reply to the Sponsor within forty-eight (48) hours of such notification, or as otherwise directed in the notification. If the potential winner for a Drawing does not respond to the Sponsor’s prize notification email within forty-eight (48) hours or if the notification is rejected, faulty, unclaimed or returned undeliverable (for any reason whatsoever) to such potential winner, the potential winner may be deemed to have forfeited the prize, and the Sponsor will have the sole and absolute discretion to select, by random drawing, another potential winner from the remaining eligible entries.
- Prizes, Prize Values, Odds of Winning and Collecting Prizes.
- By entering this promotion, Participant is eligible to win a General Admission Entry to the Virtual INDUSTRY: The Product Conference scheduled to take place on October 5-6, 2021. A prize may not be transferred and must be accepted as awarded. A winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize with another prize of equal of greater value if the prize is not available for any reason, as determined by Sponsor in its sole discretion. It is the Participant’s responsibility to read and understand all information, if any, which accompanies any prize concerning use, risks, and maintenance.
- All costs and expenses associated with a Participant’s acceptance and use of a prize not specified herein as being provided as part of the prize are the sole responsibility of the winning Participant. A winning Participant is solely responsible for reporting and paying all applicable federal, state and local taxes related to the prize.
- The odds of winning are dependent entirely on the number of entries received during the applicable Entry Period for the Drawing.
- The retail value of each prize is Two Hundred Ninety-Nine Dollars ($299.00).
- Winner will be required to verify eligibility. The prize will be sent to the winner via email. If the prize is returned as undeliverable, then the prize will be forfeited. There are no shipping or handling fees associated with collecting the prize. Limit one prize per person.
- Release. To the fullest extent permitted by law, Participants forever release, hold harmless, discharge, and covenant not to sue Sponsor, affiliates, owners, employees, agents, directors, officers, shareholders, contractors, successors and assigns (collectively “Released Parties”) for, from and against any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions, causes of action whatsoever, of every nature, character and description (collectively, “Claims”), known and unknown, arising out of or in any way related to the Sweepstakes, these Official Rules, the negligence of any of the Released Parties, entry into the promotion and the acceptance, possession, misuse or use of any prize. in addition, each Participant acknowledges and agrees that the Released Parties are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible or misdirected entries; (ii) any condition caused by events beyond the control of the Sponsor that may cause the promotion to be disrupted or discontinued; (iii) any failure to receive or process entries due to any cause, including without limitation, human, transmission or technical problems, failures, or malfunctions of any kind, howsoever originating, that may limit an participant’s ability to participate in the sweepstakes including any interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections; (iv) garbled, misdirected or jumbled transitions, or traffic congestion; (v) any injuries, losses, or damages of any kind caused by a prize or resulting from acceptance, possession, or use of a prize, or from entry into or participation in the promotion (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy, or the participant’s claim that they have somehow been defamed or portrayed in a false light); (vi) any printing or typographical errors in any materials associated with the promotion, or (vii) late, lost, delayed, or damaged delivery of the prize.
To the fullest extent permitted by law, under no circumstances will a winner be permitted to obtain awards for, and each Participant and winner hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages arising out of or related in any way to the Sweepstakes, these Official Rules, Participant’s entry, the negligence of any of the Released Parties, and the acceptance, possession, misuse or use of any prize. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to each Participant.
- Use of Disclosed Information. By entering the Sweepstakes or claiming a Prize, Participant and/or winner may be sharing their personal information with Sponsor. Information transmitted to Sponsor will generally be treated as non-confidential and non-proprietary. By entering the Sweepstakes, you consent to the Sponsor, Gainsight Inc., UserVoice, and their respective affiliates, sending to your e-mail address promotional content including, but not limited to, information concerning Sponsor, Gainsight Inc., UserVoice or any other sponsor of the INDUSTRY: The Product Conference, (a list of which is available at https://www.industryconference.com/virtual#Sponsors_ and their respective products, services, and special offers. By entering into the Sweepstakes, Participant agrees to each of Sponsor’s, Gainsight Inc.’s, UserVoice’s use of Participant’s personal information as described in each company’s respective privacy policy, which is available at https://productcollective.com/privacy-policy-2/, https://www.gainsight.com/policy/privacy/, and https://uservoice.com/privacy. If you do not wish to receive these e-mails, you may “opt out” by following the instructions on an e-mail that you receive. If you “opt out” of receiving e-mails from the Sponsor, it will not affect your eligibility to participate in the Sweepstakes. Please note, however, that if you “opt-out” of receiving e-mails, the Sponsor may still contact you via e-mail concerning the Sweepstakes including notifying you if you are a potential winner of a prize. By entering the Sweepstakes or claiming a prize you consent to Sponsor’s use of each winner’s name, biographical information and/or likeness for online posting and/or any other written or photographic advertising and publicity without additional compensation.
- Reservations. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes at any time for any reason in its sole discretion, which shall be final. All Participants agree to abide by and be bound by these Official Rules. Sponsor reserves the right to permanently disqualify and/or revoke a prize from any person it believes has violated these Official Rules or has acted in a manner that is, in Sponsor’s discretion, offensive, harassing, threatening, repugnant, or violent at any time, including any tampering with the entry process. Participants further agree to not knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. All decisions of Sponsor shall be final and entrants waive any right to challenge any decisions made by Sponsor.
- Governing Law/Venue. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in courts located in the State of Ohio.
- Social Media Disclosure. Although this promotion may be advertised on the Facebook pages, Twitter accounts, Instagram accounts or other social media platforms of Sponsor or another, this promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or other social media platforms. Participants are providing their information to the Sponsor and not to Facebook, Twitter, Instagram or other social media platforms. The information a Participant provides will only be used by the Sponsor. By entering, Participants provide a complete release of Facebook, Twitter or Instagram from any and all responsibilities implied or provided by the Sponsor and that this promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram.
- Binding Arbitration. Except with respect to the protection and enforcement of the intellectual property rights of the Sponsor and its rights to seek and/or obtain injunctive or equitable relief therefore, any claim, cause of action or proceeding arising out of or relating to these Official Rules or the Sweepstakes shall be resolved by mandatory, binding arbitration in Chicago, Illinois administered by the American Arbitration Association under its Commercial Arbitration Rules (the “Arbitration Rules”). The U.S. Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the Arbitration Rules. The arbitrator shall be selected pursuant to the Arbitration Rules. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the Arbitration Rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES AND THE ARBITRATION RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
- Winner’s List. To obtain a copy of these Official Rules or any legally required winner’s list, send a self-addressed stamped envelope (except residents of VT may omit return postage) to Sponsor at Sponsor’s Location. A request for a winner’s list must be received within 30 days of the end of the Entry Period.
- Severability. If any provision(s) of these Official Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor reserves the right in its sole discretion to supplement or make changes to these Official Rules without notice.
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