2008 Vendor Landscape Survey Rules

Important: By filling out and submitting an online survey, you agree to be bound by these Official Rules.

NO PURCHASE NECESSARY TO ENTER OR TO WIN. THE PROMOTION IS OPEN TO ANYONE INTERNATIONALLY EXCEPT WHERE PROHIBITED BY LAW. VOID WHERE OTHERWISE PROHIBITED BY LAW.

Official Rules: Key IT Vendor Survey 2008 Apple iPod touch Drawing

How to Enter: To enter the drawing, complete and submit the survey. All submitted surveys must be received during the survey period to be eligible. All survey entries become the property of the Sponsor and will not be returned. In the event of a dispute regarding the identity of a person submitting an online survey entry, entry will be deemed submitted by the person in whose name the email account is registered, provided that person meets all eligibility requirements.

Winner Selection: The Prizewinners will be determined in a random drawing from among all eligible survey entries received, to be held at the close of the survey period. The drawing will be conducted by the Sponsor, whose decisions will be final and binding on all matters relating to the drawing.

Prize/Odds of Winning: There are 6 Apple iPod touch (8GB) prizes to be awarded. They have an approximate value of US $299. The odds of winning a prize depend upon the total number of eligible entries received. All prizes will be awarded, provided they are properly claimed and a sufficient number of eligible survey entries are received. Limit one prize per household.

Winner Notification: Each Prizewinner will be notified by e-mail. Sponsors are not responsible for changes for any change of e-mail address. Any prize or prize notification returned as undeliverable or otherwise not claimed within seven (7) days after notification of prize award will be forfeited and awarded to an alternate prizewinner. Prizes are not transferable. No cash redemptions. No substitutions or exchanges of the prize will be permitted, except that Sponsors reserve the right to substitute a prize of equal or greater value for any prize that becomes unavailable. The prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). ACCEPTANCE OR USE OF PRIZE IS AT THE WINNER'S OWN RISK.

The Sponsor and its subsidiaries, affiliates, directors, officers, professional advisors, employees, and agencies will not be responsible for (1) any late, lost, or misrouted entries or errors in transmission; (2) any disruptions to Internet connection, injuries, losses, or damages caused by events beyond the control of Sponsor; or (3) any printing or typographical errors in any materials associated with the Drawing.

The Sponsor and its agencies are not responsible for technical, hardware, software, or telephone malfunctions of any kind and shall not be liable for failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications utilized in this Drawing which may limit the ability to participate in the Drawing. If for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Drawing, the Drawing is not capable of being conducted as described in these rules, the Sponsor shall have the right, at its sole discretion, to suspend, modify and/or cancel the Drawing.

Eligibility: The Drawing is open to any resident of a country that does not prohibit promotions of this kind. Legal residents of the continental United States who are of the age of majority in their state of residence (19 or older in AL and NE, 18 or older in all other states) at the time of entry are eligible. Employees of Sponsor, its subsidiaries, divisions, and related companies, and its agencies and agents and immediate family members of such are not eligible.

ALL FEDERAL, STATE, AND LOCAL TAXES ARE THE RESPONSIBILITY OF THE PRIZE WINNERS. Prizewinners may be required to execute and return an affidavit of eligibility and publicity, liability and other release within fifteen (15) days of notification attempt or prize will be forfeited and an alternate prizewinner will be selected.

BY ENTERING THE PROMOTION OR ACCEPTING A PRIZE, PARTICIPANTS RELEASE THE SPONSOR AND ANY OF ITS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENCIES (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY LIABILITY WHATSOEVER, AND WAIVE ANY AND ALL CAUSES OF ACTION, FOR ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PROMOTION OR ACCEPTANCE, POSSESSION, USE AND/OR MISUSE OF ANY PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES, AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, 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, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY, CONTRIBUTION, OR ANY OTHER THEORY.

Except where prohibited by law, entry into the Drawing constitutes permission to use winner's name, likeness, and/or prize information, without limitation, for any advertising, promotional, trade, or any other purpose, without further compensation to, or permission from, the Prizewinner.

Winner's List: For the names of the Prizewinners, send a self-addressed, stamped envelope to Key IT Vendor Survey 2008 Drawing, 1712 East Blackhawk Circle, Pleasant Grove, UT 84062. Requests must be received within sixty (60) days from the end of the Survey Period and will be shipped when all prizes have been awarded.

The Drawing will be governed, construed, and interpreted under the laws of the United States. Entrants who violate these Official Rules, tamper with the operation of the Drawing, or engage in any conduct that is detrimental to Sponsor, the Drawing, or any other entrant (as determined in Sponsor's sole discretion) are subject to disqualification. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Drawing, shall be governed by, and construed in accordance with, the laws of State of Utah, without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Provo, Utah.

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