RingCentral Business SMS Official Rules

Official Rules – RingCentral Business SMS

PLEASE BE ADVISED THAT YOU HAVE NOT YET WON. NO PURCHASE IS NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.

This Contest (the “Contest”) is sponsored and administered by RingCentral, Inc. (“RingCentral”), located at 1400 Fashion Island Blvd., 7th Floor, San Mateo, CA 94404. The Contest is governed by these official rules (“Official Rules”). By participating in the Contest, each entrant (“Entrant”) agrees to abide by these Official Rules, including all eligibility requirements, and understands that the result of the Contest, as determined by RingCentral or its agents, are final in all respects.

1. Entry Period: The “Entry Period” for the Contest runs from 7:00 AM PT, July 23, 2013 to 5:00 PM PT, August 16, 2013 (“Contest End Date”).

2. Eligibility: To enter the Contest you must be a legal US resident and 18 years of age or older. Contest is void in any U.S. territories, possessions and commonwealths where restricted or prohibited by law. Employees, officers, directors, resellers, agents, affiliates and representatives of RingCentral and other participating partners, including their affiliated companies, parents, and subsidiaries (collectively, “RingCentral Entities”), and their immediate families and members of their households, are ineligible to participate in this Contest.

3. How to Enter: Send an SMS using RingCentral Business SMS to 650-472-4011 with a description of how you use business SMS (collectively, your “Entry”). An SMS sent from a non-RingCentral phone number will not be eligible to be entered in the Contest.  You may submit one (1) Entry per person and/or phone number for the entire Entry Period. If more than one (1) Entry is received from the same person or phone number, only the first Entry received will be treated as the eligible Entry. In the event of a dispute regarding who submitted a particular Entry, the Entry will be deemed submitted by the authorized and registered contact  of the phone number associated with the Entry. RingCentral is not responsible for: lost, late, delayed, damaged, unintelligible, illegible, misdirected, incomplete or garbled Entries; for those who cannot complete an Entry due to the Internet; if Entry and/or SMS information is not captured correctly; for any issues associated with hardware, software, telephone, Internet, virus contamination, network, human error, electronic malfunctions, or any other technical problems; and for delay, failure or malfunction for any reason. Incomplete or corrupted Entries are void and will not be accepted. To be eligible, Entries must be received by 5:00 PM PST on August 16, 2013. All Entries (and any SMS responses to Entries from RingCentral) become the sole and exclusive property of RingCentral. By entering the Contest, Entrant hereby grants RingCentral a worldwide, exclusive, perpetual, unlimited license and right to use, modify, transfer, assign, publish and promote any Entry (and any SMS responses to Entries from RingCentral) in its sole discretion without any additional payment, consideration, royalty or notice to Entrant. By entering the Contest, you represent and warrant that you are the sole author of the survey responses submitted in your Entry, You hereby agree to indemnify and hold harmless RingCentral (including without limitation collection fees, court costs and reasonable attorney’s fees) and all RingCentral Entities from any and all damages in the event you breach the Entry Warranties.

4. Winner: One (1) prize winner (“Winner”) will be chosen by a panel of internal RingCentral judges from all eligible Entries received during the Entry Period.  Each entry will be evaluated anonymously by the panel of judges based on creativity and originality, representation of the contest theme “How you use Business SMS”, and communication of the contest theme. The decision will be subjective and made in the judges’ sole discretion. The Winner will be announced and notified by e-mail within ten (10) days after the Contest End Date. All decisions by RingCentral in regard to this Contest are final and binding in all respects.  If a selected Winner is deemed ineligible, the Entry will be disqualified and an alternate winner will be selected. RingCentral is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify Winner. Prize will only be shipped to Winner at the physical address provided by the Entrant on the affidavit or declaration of eligibility form. A Prize or Prize notification that is returned as undeliverable will disqualify the Winner, and an alternative Winner will be selected by RingCentral. By accepting a Prize, Winner waives the right to 1) assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem said Prize, and 2) claim any liability (including attorney’s fees and costs) which might arise from redeeming, seeking to redeem said Prize (including any travel related thereto) or any use of the Prize. RingCentral will not replace any lost or stolen Prize, including if lost during delivery. Risk of loss passes to Winners upon dispatch of the Prize from RingCentral’s offices. The actual delivery of Prizes by RingCentral to a Winner may be delayed for reasons outside of the control of RingCentral (including but limited to the postal or deliver services, back ordering, cancelation and the like). RingCentral is not responsible for any delay in the delivery of any Prize to any Winner.

5. Prize: Winner will receive one (1) iPad Mini (16GB, Wifi only) in a color to be determined by RingCentral in its sole discretion (the “Prize”). Total estimated approximate retail value for the Prize is approximately USD$329. Prize is non-transferable, non-assignable and subject to the terms and conditions herein.

No alternative prize(s), cash equivalent, or other substitution is permitted except as determined solely by RingCentral. PRIZE IS PROVIDED “AS IS.” RINGCENTRAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Entrants acknowledge that RingCentral and RingCentral Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a Prize or regarding the use, value or enjoyment of the Prize.

6. Conduct: By entering this Contest by sending an Entry via SMS, you agree to be bound by these Official Rules. RingCentral reserves the right at its discretion to disqualify any individual it finds to be tampering with the Entry process or other factors which may cause unfair advantage in the Contest; the operation of the RingCentral website; to be acting in violation of the Official Rules, RingCentral’s Privacy Policy, or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, RINGCENTRAL RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ALL ATTORNEYS’ FEES.

7. Taxes: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE SOLELY THE RESPONSIBILITY OF THE PRIZE WINNER. In order to claim prize, Winner may be required to complete an affidavit or declaration of eligibility, liability and publicity release and W-9 tax form, which must be signed and returned to RingCentral within seven (7) days of date printed on the notification provided by RingCentral, or your Prize may be void and/or another winner chosen, if applicable, in RingCentral’s sole discretion. The value of the Prize will be treated as ordinary income to Prize recipient for income tax purposes and an IRS Form 1099 for the relevant year will be sent to the winners. Incidental expenses and all other costs and expenses which are not specifically listed as part of a Prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective Prize winner.

8. Winner List and Official Rules: To obtain a copy of these Official Rules or list of Winners, send a self-addressed, stamped envelope RingCentral, Inc., Attn: RingCentral Business SMS Contest, 1400 Fashion Island Blvd., 7th Floor, San Mateo, CA 94404. Requests must be received by the Contest End Date. Vermont residents may omit return postage. Copies of Official Rules may also be viewed at http://marketo.ringcentral.com/SMSContestOfficialRules2013.html.

9. Privacy Policy: Personal information submitted for this Contest will be subject to the Privacy Policy posted at http://www.ringcentral.com/legal/privacy-policy.html.

10. ASSUMPTION OF RISK, INDEMNIFICATION, LIMITATION OF LIABILITY BY INTENDING TO ENTER AND/OR ENTERING THE CONTEST, EACH ENTRANT (ON BEHALF OF ENTRANT AND ENTRANT’S FAMILY MEMBERS, HEIRS, ADMINISTRATORS, AFFILIATES AND SUCCESSORS) ASSUMES ALL RISK ASSOCIATED WITH THE CONTEST.

IN NO EVENT SHALL RINGCENTRAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. RINGCENTRAL’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY AT US$100. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

12. General: Any and all decisions related to the Contest, these Official Rules, Contest administration, verification and the like will be supervised by RingCentral, whose decisions are absolute and final in all respects. By participating in this Contest, you agree to be bound by these Official Rules and that all decisions of RingCentral are absolute and final in all respects. RingCentral assumes no liability for damage caused to Entrant’s or any other person’s/entity’s computer hardware, software or communications network, video recording device or other personal property regardless of cause. RingCentral reserves the right in its sole and absolute discretion to terminate (and not award any prizes to any entrant)/cancel or modify the Contest at any time and from time to time for any reason or no reason without or without notice or to disqualify any entrant at any time and from time to time for any reason or no reason with or without notice in its sole judgment, including if, in RingCentral’s sole and reasonable judgment, it determines that the integrity or fairness of the Contest has been, or could be, compromised or that the Contest is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure or any other cause. In the case of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by name of the account holder for the email address on the registration form. RingCentral or the RingCentral Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules.

This Contest and Official Rules shall be governed by the laws of California. If any provision of this Contest shall be deemed to violate any federal, state, provincial or municipal law, rule or regulation, it shall be amended to conform to such law, rule or regulation and all other provisions shall remain in full force and effect. Venue for all disputes shall be in San Mateo, California.

Except where prohibited by law, by entering this Contest, each entrant hereby waives any right he/she may have to a trial by jury and agrees that any and all disputes, claims, actions and causes of action arising out of or connected with this Contest or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules and other documents shall be resolved individually, without resort to any form of class action, and exclusively by binding arbitration, located in San Mateo or San Francisco, California. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and never shall include punitive damages, and in no event attorneys’ fees or costs. Some jurisdictions do not allow the limitation or exclusion of liability for punitive, incidental or consequential damages, so the above may not apply to you.

This document contains the trademarks and service marks of RingCentral and third parties and such trademarks and service marks are the property of their respective owners. All trademarks are and shall remain the sole and exclusive property of their respective owners. The use of certain products and services as prizes does not imply participation in, or approval of, this Contest by their respective companies. This Contest is sponsored and administered exclusively by RingCentral and is in no way sponsored, endorsed, administered by or associated or any other company.

RingCentral does not charge a fee for SMS Entries. It is each entrant’s responsibility to check with their individual carrier and mobile/data plan, as other charges may apply. PLEASE BE ADVISED THAT TEXTS TO RINGCENTRAL MAY RESULT IN ONE OR MORE AUTOMATIC BOUNCE BACK MESSAGES, FOR WHICH PARTICIPANTS MAY INCUR A FEE FROM THEIR PROVIDER. RingCentral assumes no responsibility for charges incurred for text- messaging, including (without limitation) charges resulting from any bounce back messages or contest notices from RingCentral.