Webroot Limited - Win an iPod touch® Promotion - Terms and Conditions
The Webroot Limited (“Webroot”) “Win an iPod touch®” promotion (“Promotion”) and participation therein is governed in all respects by these Win an iPod touch® Terms and Conditions (“Terms”). By participating in the Promotion, each customer fully and unconditionally agrees to be bound by and accepts these Terms regarding winning an iPod touch® (“Promotion Giveaway Item”) and the decisions of Webroot (including, without limitation, Webroot's decisions regarding the validity of invitations to participate in the Promotion, the eligibility of customers, and satisfaction of conditions to receive an award of a giveaway item). Promotion is void outside the United Kingdom. Apple Inc. is not a customer in or sponsor of this Promotion.
- ELIGIBILITY.
a) Eligible Customers. This Promotion is only open to customers who have purchased a Webroot product, and also to anyone who registers via www.webrootpromo.co.uk. No purchase necessary, but if you do buy a Webroot product and enter your key Code, you will be automatically entered 4 times into the draw. This Promotion is void outside the United Kingdom. Employees, officers and directors of Webroot and its parents, subsidiaries, affiliates, advertising, public relations and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to participate. Determination of eligible and disqualified Eligible Customers in this Promotion shall be determined by Webroot in its sole and absolute discretion. There is no minimum age, but entrants under 16 must obtain permission from a parent/guardian.
b) Business Restrictions. If any Promotion Giveaway Item cannot be awarded by Webroot to an Eligible Customers for any reason, Webroot, in its sole discretion, may award the item to another Eligible Customer.
- PROMOTION PERIOD.
The Promotion begins at 12:01 a.m. GMT on 15th October, 2009 and ends at 11:59 p.m. GMT on 31st April, 2010 (the “Promotion Period”). An independent, third party’s computer is the official timekeeping device for this Promotion, and will randomly pick names from the database of Eligible Customers.
- PARTICIPATION IN THE PROMOTION; PROMOTION GIVEAWAY ITEM.
a) How to Participate. During the Promotion Period, while supplies last, the Eligible Customer must enter the Promotion via www.webrootpromo.co.uk and answer a simple question. Names of Eligible Customers will be randomly picked from this database of names, and winners will be drawn every two weeks. Entries are limited to 1 per household. Winner will be notified by email or telephone within 7 days of the draw. For name of Winners send an SAE to WebrootPromo, The Marketing Works, 47-49 Queens Road, Weybridge, Surrey KT13 9UH within four weeks of the closing date.
b) Promotion Giveaway Item. The total number of Promotion Giveaway Items in this Promotion is limited to one hundred (100) items in the aggregate. There will be 18 prizes per draw. A “Promotion Giveaway Item” consists of and is limited to iPod touch® worth approximately £150.
c) Giveaway Limitations and Restrictions. LIMIT: Promotion Giveaway Items unclaimed within one month will not be awarded. Participation in the Promotion as described above must be fully completed during the Promotion Period; late participation or partial participation will disqualify the Eligible Customer. All Eligible Customers are subject to verification by Webroot; unverifiable Eligible Customers may be disqualified. Only (1) giveaway item per Eligible Customer. Promotion Giveaway Items are non-transferable and non-assignable, and are not refundable. Promotion Giveaway Items must be accepted as awarded, and giveaway items are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Webroot or for which Webroot shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Promotion Giveaway Item recipients are fully responsible for any and all taxes and assessments. No cash or other substitution may be made for a Promotion Giveaway Item, except by Webroot, which reserves the right (but has no obligation) to substitute a Promotion Giveaway Item (or a component thereof) with another Promotion Giveaway Item (or component thereof, including cash) of equal or greater value if the Promotion Giveaway Item (or component thereof) is not available for any reason as determined by Webroot in its sole discretion. All costs and expenses not specified herein, related to a Promotion Giveaway Item or the use thereof are the sole responsibility of the Promotion Giveaway Item recipient. Unused components of a Promotion Giveaway Item shall be forfeited and have no redeemable cash value. A potential Promotion Giveaway Item recipient must comply with all terms and conditions of these Terms, and receipt of a Promotion Giveaway Item is contingent upon fulfilling all requirements.
- FORCE MAJUERE.
Webroot will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder to the extent resulting from causes beyond the reasonable control of Webroot, including without limitation, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, terror, public health conditions, war, governmental action, labour conditions, earthquakes, and material shortages.
- LIMITATION OF LIABILITY.
Webroot is not responsible for: (a) incorrect or inaccurate Eligible Customer information; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) printing, typographical, electronic or human errors which may occur in the offer or administration of the Promotion. Eligible Customer hereby waives all rights to claim punitive, incidental and consequential damages (including, without limitation, lost profits) and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
- PUBLICITY.
Except where prohibited by law, participation in the Promotion constitutes a Promotion Giveaway Item recipient’s consent to Webroot’s use of recipient’s personal information for all reasonable publicity, and promotional purposes in any manner or media (including, without limitation, online), worldwide, and without further payment, consideration or consent.
- GENERAL CONDITIONS.
These terms do not amend, modify, supersede or replace any term or provision of any agreement between Eligible Customer and Webroot; these Terms are intended to be a separate and independent agreement with Eligible Customer that participates in this Promotion. Webroot reserves the right, in its sole direction, to terminate, modify or suspend the Promotion (including, without limitation, these Terms) in its sole discretion and award Promotion Giveaway Items, subject to availability, to Eligible Customers who have fully completed participation in the Promotion as of the date of termination, modification or suspension. Webroot reserves the right in its sole discretion to disqualify from the Promotion any Eligible Customer it finds to beacting in violation of these Terms or otherwise in bad faith. Webroot's failure to enforce any term of these Terms shall not constitute a waiver of that provision. These Terms will be governed by the laws of England and Wales, without regard to any of its conflict of laws provisions that would cause the laws of another jurisdiction to apply. Each Eligible Customer hereby submits to sole and exclusive personal jurisdiction to said courts in England for any such dispute and irrevocably waives any and all rights to object to such jurisdiction.
Webroot Limited, Venture House, Arlington Square, Downshire Way, Bracknell, Berks. RG12 1WA England
