RingCentral Drone Customer Referral Promotion Official Rules

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

1. Entry Period: The “Entry Period” for the Promotion runs from 9:00 AM PST, January 5 2015 to 5:00 PM PST, March 31, 2015

2. Eligibility: To enter the Promotion you must be a lawful citizen or permanent resident of the United States and 21 years of age or older. Promotion is void outside of the United States and in any states and/or jurisdictions where restricted or prohibited by law. The Promotion, and any website pages and advertisements relating thereto, is intended for viewing only within the United States. You are not authorized to participate in the Promotion if you are not physically located within the United States when you enter the Promotion. Employees, officers, directors, resellers, agents, affiliates and representatives of RingCentral and other participating partners, including their affiliated companies, parents, subsidiaries and advertising and promotion agencies, (collectively, “RingCentral Entities”), and their immediate families and members of their households, are ineligible to participate in this Promotion.

3. How to Enter: (1) On-line: Complete and submit the online entry form, including contact information for a valid new business referral (“Referral”) that RingCentral may contact to offer RingCentral services. (2) By Mail: (a) Mail a 3.5″ × 5″ postcard on which you have hand-printed the words “RingCentral Referral Promotion,” and your name, age, address, telephone number, and e-mail address (if you do not have an e-mail address, print “no e-mail address”) and one (1) Referral; or (b) Mail a 3.5″ × 5″ postcard on which you have hand-printed the words “RingCentral Referral Promotion,” and your name, age, address, telephone number, and e-mail address (if you do not have an e-mail address, print “no e-mail address”); to: RingCentral, Inc., Attn: RingCentral Drone Referral Promotion, 20 Davis Drive, Belmont, CA 94002. Each valid online or mail submission shall be considered an “Entry.” Only one (1) Referral may be submitted per Entry. Existing RingCentral customers and any Referral previously received via another Entry shall not be considered a valid Referral. Submissions generated by a script, macro or other automated means will be disqualified. No mechanically reproduced entries accepted. RingCentral will accept up to ten (10) Entries per Entrant, household and/or e-mail address during the entire Entry Period for the Grand Prize drawing. If more than ten (10) Entries are received from the same Entrant, household or email address, only the first ten (10) Entries received will be treated as eligible Entries for the Grand Prize; provided, however, that all valid Entries with a Referral (including Entries ineligible for the Grand Prize drawing) received shall be eligible for the Gift Card Award. In the event of a dispute regarding who submitted a particular Entry, the Entry will be deemed submitted by the authorized and registered account holder of the e-mail account associated with the Entry. RingCentral is not responsible for lost, late, delayed, damaged, unintelligible, illegible, misdirected, incomplete or garbled Entries; your inability to enter your submission through the Internet; entry information 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 March 31, 2015. All Entries will become the sole and exclusive property of RingCentral and will not be returned to Entrant. By entering the Promotion, you (i) represent and warrant that you have all rights and have received express written consent from the Referral to disclose the Referral’s name and contact information to RingCentral; (ii) represent and warrant that the Referral is a business or representative of a business; (iii) authorize RingCentral to use, analyze, modify and publish your name and any other information provided by you in RingCentral’s sole discretion, including publication in its marketing and promotional materials or website; and (iv) authorize RingCentral to contact you regarding RingCentral offerings, products and services (collectively “Entry Warranties”). You hereby agree to indemnify and hold harmless RingCentral and all RingCentral Entities from any and all losses, liabilities, claims, damages, and expenses (including without limitation collection fees, court costs and reasonable attorney’s fees) in the event that you breach any of the Entry Warranties.

4. Awards and Prizes: (a) Entrant shall receive one (1) American Express®, Visa® or other comparable gift card (“Gift Card Award”) for each Entry where the Referral (i) signs up for a paid RingCentral Fax®, RingCentral Professional® or RingCentral Office® account and (ii) remains in good standing for three (3) consecutive months from the date such customer becomes a paid RingCentral customer. Gift Card Awards shall be awarded depending on the RingCentral plan purchased by the Entrant’s Referral, as follows:

•   RingCentral Fax®: $20 gift card
•   RingCentral Professional®: $50 gift card
•   RingCentral Office® 1 line: $50 gift card
•   RingCentral Office® 2-9 lines: $100 gift card
•   RingCentral Office® 10-49 lines: $300 gift card
•   RingCentral Office® 50+ lines: $1000 gift card

Entrant shall not receive a Gift Card Award for any other Referrals including but not limited to: (i) sign-ups for RingCentral Fax®, RingCentral Professional® or RingCentral Office® trial or promotional free accounts, or (ii) Referrals who terminate their subscription before three (3) months from the date of sign-up. No cash value is associated with any gift card(s) and under no circumstances will any cash equivalent be issued in lieu of a gift card. Gift Card Awards are valid for one (1) year from the date issued by the gift card provider and are subject to additional terms and conditions of the gift card issuer (e.g., American Express, Visa, WRL).

b) One (1) Grand Prize winner (the “GP Winner”) will receive a DJI Inspire 1® drone(the “Grand Prize”). In addition, three (3) second prize winners (the “SP Winners”) will each receive a DJI Phantom 2 Vision® drone (the “Second Prize” and collectively with the Grand Prize and the Gift Card Award(s), the “Prizes”). Acceptance of the Prizes is strictly contingent on the respective Winners agreeing to and accepting the terms and conditions of these Official Rules. If the GP Winner, the SP Winners or recipients of Gift Card Awards refuse to agree and acknowledge acceptance to these Official Rules, the GP Winner’s, the SP Winners’ or recipients of Gift Card Awards’s Prizes, as applicable, shall be forfeited in entirety.

The Grand Prize’s estimated approximate retail value is $2,899 and each Second Prize’s estimated retail value is $799. Any difference between stated value and actual value will not be awarded.

No alternative prizes, cash equivalent, or other substitutions are permitted except as determined solely by RingCentral. All prizes are nontransferable and non-assignable. PRIZES ARE PROVIDED “AS IS.” RINGCENTRAL DISCLAIMS ALL GUARANTEES AND/OR 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.

5. Grand Prize and Second Prize Winners: One (1) GP Winner and three (3) SP Winners will be determined based on all valid Entries as follows: at the end of the Entry Period, RingCentral will select one (1) GP Winner and three (3) SP Winners by random drawing on [INSERT DATE] (the “End Date”). The drawing for the Promotion will be conducted by RingCentral at its offices at approximately 10:00 AM PST on the End Date. The GP Winner and the SP Winners will be announced on or about [INSERT DATE]and notified by e-mail within ten (10) days after the End Date. All decisions by RingCentral in regard to this Promotion are final and binding in all respects. Odds of winning are based on the number of valid Entries received.

6. Prize Delivery/Acceptance: 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 winners. Prizes will only be shipped to winners at the physical or email address provided by the entrant on the entry form, affidavit or declaration of eligibility form (whichever was submitted later). RingCentral may issue electronic gift cards of the appropriate denomination in lieu of physical gift cards. A Prize or Prize notification that is returned as undeliverable will disqualify the winner. Accepting and/or using Prizes constitute permission (except where prohibited by law) for RingCentral to use winner’s name, photo, voice, hometown, and/or likeness for promotional purposes without further compensation. By accepting a Prize, winner waives the right to 1) assert any claims or reimbursement for any cost(s) related to winning the Prize and any cost(s) of verification, redemption or travel to redeem said prize (if applicable), and 2) claim any liability (including attorney’s fees and costs) which might arise from redeeming or seeking to redeem said Prize (including any travel related thereto, if applicable). RingCentral will not replace any lost or stolen Prize, including if lost during delivery. Risk of loss passes to winner upon dispatch of the Prize from RingCentral’s offices. The actual delivery of Prize(s) by RingCentral to a winner may be delayed for reasons outside of the control of RingCentral (including but limited to the postal or delivery services, back ordering, cancelation and the like). RingCentral is not responsible for any delay in the delivery of any Prize to any winner.

7. Conduct: By entering this Promotion, you agree to be bound by these Official Rules. Decisions of the Prize winners are final and binding in all respects. 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 Promotion or the operation of the RingCentral website; to be acting in violation of the Official Rules, RingCentral’s Privacy Policy, RingCentral’s Website Terms of Use or other service agreement(s); or to be acting in a disruptive manner or with intent to annoy, abuse, threaten or harass any other person.

CAUTION: ANY ATTEMPT BY A ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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 ATTORNEY’S FEES.

8. 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 prizes, Entrants may be required to complete an affidavit or declaration of eligibility, liability and publicity release and W-9 tax form. Such forms 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 voided 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.

9. Winners 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 Referral Promotion, 20 Davis Drive, Belmont, CA 94002. Requests must be received by June 30, 2015 Vermont residents may omit return postage. Copies of Official Rules may also be viewed at http://marketo.ringcentral.com/ringcentral-drone-customer-referral-promotion-official-rules.html.

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

11. Publicity: By participating, each Entrant grants RingCentral permission to use his/her name, voice, hometown, likeness or comments for publicity purposes in regard to the Promotion without payment of additional consideration, except where prohibited by law.

12. ASSUMPTION OF RISK, INDEMNIFICATION, LIMITATION OF LIABILITY: BY INTENDING TO ENTER AND/OR ENTERING THE PROMOTION, EACH ENTRANT (ON BEHALF OF ENTRANT AND ENTRANT’S FAMILY MEMBERS, HEIRS, ADMINISTRATORS, AFFILIATES AND SUCCESSORS) ASSUMES ALL RISK ASSOCIATED WITH THE PROMOTION AND/OR PRIZES AND HEREBY AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS RINGCENTRAL, RINGCENTRAL ENTITIES AND THEIR RESPECTIVE PARTNERS, AFFILIATES AND SUBSIDIARY COMPANIES, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AND AGENTS FROM ANY LIABILITY, DAMAGES, CAUSES OF ACTION, THREATS, LOSSES, DEATH, INJURY, ACTUAL, INCIDENTAL OR CONSEQUENTIAL CLAIMS AND DEMANDS WHATSOEVER IN LAW OR EQUITY, INCLUDING ALL COSTS AND ATTORNEYS’ FEES, RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRANT’S PARTICIPATION IN THE PROMOTION, TAXES OWED AND DUE BY THE PARTICIPANT IN CONNECTION WITH THE PROMOTION, BREACH OF THE ENTRY WARRANTY, AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. RINGCENTRAL AND RINGCENTRAL ENTITIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE. RINGCENTRAL AND RINGCENTRAL ENTITIES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE PROMOTION.

IN NO EVENT SHALL RINGCENTRAL OR RINGCENTRAL ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, 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$50. 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.

13. General: Any and all decisions related to the Promotion, these Official Rules, Promotion administration, verification and the like will be supervised by RingCentral, whose decisions are absolute and final in all respects. By participating in this Promotion, 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 or entity’s computer hardware, software or communications network 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 Promotion 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 Promotion has been, or could be, compromised or that the Promotion is not capable of running as planned or fairly, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure or any other cause. 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. All information provided by Entrant for the Promotion is provided solely to RingCentral for RingCentral’s benefit and is not provided to any other entity.

This Promotion and Official Rules shall be governed by the laws of California without giving effect to its principles on conflicts of laws. If any provision of this Promotion 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. All disputes arising from or relating to this Promotion and Official Rules shall brought exclusively in the state or federal courts located in San Mateo or San Francisco, California and nowhere else. You and RingCentral agree to bring arising such dispute only in such courts and not to contend that such venue is improper or inconvenient.

Except where prohibited by law, by entering this Promotion, 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 Promotion 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. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and never shall include consequential, incidental or 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 with American Express®, VISA®, DJI®, Facebook®, Twitter® or any other company.