1. PROMOTION OVERVIEW AND TERMS
Welcome to the Symantec™ Corporation The Big Draw
Promotion Sales Incentive (the “Promotion”) sponsored by Symantec Corporation
(“Symantec”) and administered by Gage Marketing Group, LLC (“Gage” or
“Administrator”), where eligible Canadian and US-resident reseller sales
representatives can receive $25 US ($30 CAN) in the form a reloadable Visa®
prepaid card for each sale of eligible Symantec Backup Exec™ Agents and Options
during the Promotion term, subject to claim, verification and fulfillment terms
and conditions, as more fully described herein and at
www.symantecbigdraw.com/BE (“Promotion Website”). The Promotion is valid July
16, 2008 through October 3, 2008 (11:59:59PM PT) (the “Promotion Term”).
Participation in the Promotion is open to
natural persons of the age of majority in their state or province of legal
residence in either the U.S. or Canada who are U.S. or Canadian-resident resellers
of Symantec Backup Exec™ agents and options and who have an active e-mail
account and Internet access during the Promotion Term (inclusive of meeting all
Promotion-related eligibility and participation criteria specified in these
Terms and Conditions and on the Promotion Website, a “Participant”). Employees,
contingent staff persons and directors, together with members of their
immediate families (parent, child, sibling and spouse of each) and those living
in their same households, of Symantec and its subsidiaries and equity affiliates,
together with independent contractors supporting the Promotion, including the
Promotion Administrator, Gage, and its subsidiaries and affiliates, are
ineligible to enter and participate in the Promotion or receive any incentive
consideration in the Promotion. All information is collected and reviewed in
the United States. The Promotion is void where prohibited or restricted by law
or reseller policy.
Please Note: It is a
prospective Participant’s sole responsibility to review and understand his/her
employer's/principal’s policies regarding eligibility to participate in trade
sales incentive offers such as the Promotion. If you are participating in
violation of your employer's/principal’s policies, you are ineligible to
participate in the promotion. Symantec disclaims any and all liability or
responsibility for disputes arising between an employee/agent and their
employer/principal related to this matter.
These terms and conditions relating to
the Promotion comprise its Official Terms and Conditions (the “Terms”) and,
together with official Promotion communications by Symantec or its authorized
Promotion agents, shall govern and apply to all participation and activity
arising out of and relating to the Promotion. Please take a moment to review
these Terms, which, by your participation including submission of tendered
claims, verification, receipt/acceptance of Promotion incentive consideration
and use of the same, you agree will govern all aspects of your relationship
with the Promotion, its Sponsor, Symantec, the Administrator and other
Promotion-related agents. These Terms cannot be modified or superseded except
by Symantec, in its reasonable discretion, in a written revision to these Terms
posted on the Promotion Website at www.symantecbigdraw.com/BE and, at
Symantec’s sole discretion, other potential official Promotion communication
methods reasonably calculated to reach potential and existing eligible
Participants.
2. PARTICIPATION IN THE PROMOTION
A. CLAIM SUBMISSIONS AT Symantecbigdraw.com FOR ELIGIBLE SALES OF SYMANTEC BACKUP EXEC™ AGENTS AND OPTIONS.
During the Promotion Term, a
“Symantec Backup Exec™ Agents and Options” which constitutes an “Eligible Sale”
may be submitted and/or tendered at www.symantecbigdraw.com/BE as a Promotion
claim and, upon verification, such Promotion Participant will receive $25 US
($30 CAN) as specified below.
1. “Symantec Backup Exec™ Agents and
Options” are specified by SKU number in the Qualified Symantec Product SKUs page of the Promotion Website at
www.symantecbigdraw.com/BE, and are generally part of the following Symantec
Agents and Options product lines:
> Microsoft® Exchange Server agent
> Microsoft SharePoint Portal Server agent
> Microsoft SQL Server agent
> Active Directory agent
> Symantec Backup Exec™ for Windows servers — system recovery option
The foregoing Symantec Agents and Options
product lines and specifically eligible SKUs thereunder is subject to
prospective change during the Promotion Term at Symantec’s sole discretion upon
publication on the Promotion Website.
2. “Eligible Sales” are any
• Qualified Symantec Product SKUs
purchased on behalf of an end-user customer during the Promotion Term, July 16,
2008 through October 3, 2008, unless sooner terminated by Symantec as provided
in these terms.
• Limit one (1) Promotion claim per
reseller customer order. Each claim must be accompanied by a proof of sale in
the form of Purchase Orders to Symantec Distributors or Invoices to Reseller
Customer, and as per the claim specifications on the Promotion Website.
• Limit fifty (50) Eligible Sales of Symantec
Backup Exec™ Agents and Options per customer purchase order.
3. Promotion Claim Submission. All
Promotion-related claims for Eligible Sales of Symantec Backup Exec™ Agents and
Options during the Promotion Term must be claimed by no later than October 31,
2008 (by 11:59:59 PM PT) to be eligible for Promotion incentive consideration
specified below. To submit a Promotion claim, go to the Claim tab on the
Promotion Website (www.symantecbigdraw.com/BE) and complete as directed all
mandatory information fields identified, including the full names of the
reseller organization and submitting representative, address and telephone
number, business e-mail address, and information relating to the Eligible Sales
of Qualified Symantec Product SKUs from a purchase order and election to submit
supporting proof documentation electronically via upload, email attachment or
facsimile per the instructions listed on the Promotion Website,
www.symantecbigdraw.com/BE. Then immediately proceed to complete the elected
proof submission method either online or offline via facsimile per the
instructions listed on the Promotion Website, www.symantecbigdraw.com/BE. Upon
claim and proof submission, tendered claims will be reviewed within 14 days and
approved or denied based on conformity to the Promotions Terms and authenticity
of proof submissions.
B. PROMOTION INCENTIVE
CONSIDERATION. For each approved claim of a qualified Symantec Product
constituting an Eligible Sale (up to a maximum of fifty (50) claims per
reseller customer purchase order), a Participant will receive $25 US ($30 CAN),
initially delivered to Participant in the form of a reloadable Visa® prepaid
card by mail and thereafter, via electronic crediting to the previously
delivered reloadable Visa® prepaid card for the duration of and immediately
following Promotion Term. Allow 4-6 weeks for delivery once claim has been
approved. All Promotion-related communication and delivery of Promotion
incentive consideration will be based on contact information supplied by
Participants in conjunction with Promotion claim submission, the accuracy and
maintenance of which is Participants’ sole responsibility.
Any costs or expenses not explicitly
stated in these Terms as Sponsor’s responsibility are the sole responsibility
of the Participants, e.g., time, costs and expenses related to the Promotion,
including as specified in these Terms and including incentive-related taxation,
if any.
4. GENERAL TERMS AND CONDITIONS
A. Entries; Verification/Audit; Participant Cooperation.
All activity arising out of and relating to the
Promotion is subject to verification and/or auditing for compliance with the
Terms and Participants agree to reasonably cooperate with Symantec concerning
verification and/or auditing. In the event that Promotion verification activity
or an audit evidences non-compliance with the Terms or official Promotion
communications, as determined in Symantec&rsquos reasonable discretion, a
Participant’s continuing participation in any aspect of the Promotion may be
suspended or terminated. No responsibility is assumed for information not
received from Participants, inaccurate information or corrupted files, whether
caused by any of the equipment, computers, telephone, cable, network,
electronic or Internet hardware or software
malfunctions, failures, connections,
availability or garbled or jumbled transmissions, service
provider/Internet/website/use net accessibility or availability, air or ground
traffic congestion, or unauthorized human intervention or by any human,
mechanical or computer error or failure which may occur in the processing or
storing of information.
B. Terms Amendment and Interpretation.
The Promotion and its continuing terms and conditions, benefits
and participation are offered to Participants at the sole discretion of
Symantec and its affiliated companies. Symantec reserves the right to amend or
interpret the Terms or official Promotion communications and any element or
elements arising under or relating to the Promotion at any time, upon published
notice to Participants on the Promotion Website www.symantecbigdraw.com/BE and,
at Symantec’s sole discretion, other potential official Promotion communication
methods reasonably calculated to reach a majority of potential participants and
existing Participants. A Participant shall be deemed to have notice of any such
amendments or interpretations upon publication of the same on the Promotion
Website and shall be deemed to have accepted such amendments or interpretations
by virtue of a Participant’s continuing participation in the Promotion. Should
a Participant not wish to continue to participate in the Promotion pursuant to
the Promotion Terms, as amended or interpreted, a Participant may terminate
participation in the Promotion upon written notice to Symantec.
C. Term Compliance Interpretation; Adjudication and Remedial Process.
Symantec reserves the right to make all
decisions, in its discretion, arising out of or relating to instances of
suspected abuse, fraud, error or anomalies in the operation of the Promotion,
including the Website, or any other interpretation, activity or suspected
violation relating to the Promotion, the Terms or official Promotion
communications. Aggrieved Participants further agree, prior to resort to formal
dispute resolution specified below, to submit to Symantec via certified mail
Symantec The Big Draw Promotion, ATTN: Promotion Administration,
c/o Gage, 10000 Highway Fifty Five, Minneapolis, Minnesota 55441, for
internal adjudication a written statement concerning and fully describing any
grievance for expeditious review and formal response by Symantec. The formal
response and decision by Symantec shall be final and binding on a Participant,
absent clear and convincing evidence that Symantec has acted in an arbitrary or
capricious manner. Symantec’s decision
of a particular matter with an individual
Participant shall not bind Symantec as to decisions or adjudications of similar
future matters, if there is a rational basis for distinguishing the facts and
circumstances of such matters. A Participant must first exhaust the internal
adjudication process for grievances before proceeding to formal dispute
resolution. The foregoing deference and evidentiary standards relating to
Symantec’s decision-making shall apply in the below-described formal dispute
resolution.
Except where prohibited, Participants in
the Promotion agree that: (1) any and all disputes, claims, and
causes of action arising out of or connected with this Promotion, or any
benefits received, or the administration of the Promotion not resolved through
internal adjudication shall be resolved individually, without resort to any
form of class action, and exclusively by arbitration, to take place in the
State of California pursuant to the Terms of the American Arbitration
Association, then effective, (2) any and all claims, judgments and
awards shall be limited to actual out-of-pocket costs incurred, including costs
associated with participating in the Promotion but in no event attorneys’ fees;
and (3) under no circumstances will a Participant be
permitted to obtain awards for and Participants hereby waive all rights to
claim punitive, incidental and consequential damages and any other damages,
other than for actual out-of-pocket expenses, and any and all rights to have
damages multiplied or otherwise increased. Except where prohibited, all issues
and questions concerning the construction, validity, interpretation and
enforceability of these Terms, or the rights and obligations of Participant(s)
and Symantec and Gage in connection with the Promotion, shall be governed by,
and construed in accordance with, the laws of the United States and the State
of California, without regard for conflicts of law doctrine of any
jurisdiction, and subject to resolution only in the City of Cupertino,
California. By entry and participation in the Promotion, Participants,
including on behalf of their organizations/companies, agree that the City of Cupertino, State of California, United State of America will be the exclusive forum for
any formal dispute resolution.
D. Warranties / Disclaimers. A Participant is
solely responsible for the equipment and Internet access required to connect to
the Promotion Website and/or participate in the Promotion. Symantec reserves
the right to limit or restrict upon notice participation in the Promotion to
any person at any time for any reason.
SYMANTEC AND GAGE EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SYMANTEC AND GAGE SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR
WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR
SUPPLIERS, INCLUDING THOSE RELATING TO PROMOTION INCENTIVE CONSIDERATION. UNDER
NO CIRCUMSTANCES SHALL SYMANTEC OR GAGE BE HELD RESPONSIBLE OR LIABLE FOR A
PARTICIPANT'S USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE
AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE
UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZES OR OTHER BENEFITS UNDER
THE PROMOTION TO PARTICIPANTS. SYMANTEC AND GAGE OFFER NO ASSURANCES,
GUARANTEES OR WARRANTIES THAT THE PROMOTION OR PROMOTION WEBSITES WILL BE
UNINTERRUPTED OR ERROR-FREE AND DOES NOT GUARANTEE
THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE PROMOTION. SYMANTEC AND GAGE ASSUME NO
RESPONSIBILITY FOR ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS.
SYMANTECAND GAGE WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF
ANY KIND RELATED TO A PARTICIPANT'S PARTICIPATION OR INABILITY TO PARTICIPATE
IN THE PROMOTION, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL.
FURTHER, BY ACCEPTING PROMOTION INCENTIVE
CONSIDERATION, A PARTICIPANT/RECIPIENT AGREES THAT SYMANTEC AND GAGE, THEIR
PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES AND THEIR DISTRIBUTORS,
ADVERTISING, PUBLIC RELATIONS, MEDIA, PROMOTION AND JUDGING AGENCIES, AND ALL
OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS,
SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY
WINNER AGAINST, ANY LIABILITY FOR ANY
DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY DUE IN WHOLE OR
IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF
PROMOTION INCENTIVE CONSIDERATION, PARTICIPATION IN ANY INCENTIVE CONSIDERATION
USE/REDEMPTION-RELATED ACTIVITY OR PARTICIPATION IN THIS PROMOTION. SOME STATES
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES;
THEREFORE THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
Any attempted participation by Internet
or email or any other means except as permitted by these Terms or official
Promotion communications is void. Symantec and Gage will not be responsible for
lost, late, incomplete, stolen, misdirected, or illegible materials, email or
mail; or for any computer, telephone, cable, network, satellite, electronic or
Internet hardware or software malfunctions, failures, connections, or
availability, or for garbled or jumbled transmissions, or for service
provider/Internet/Web site/use net accessibility or availability, traffic
congestion, or unauthorized human intervention, or for inaccurate capture of
any information, Promotion incentive consideration claims or
delivery/fulfillment orders or other information, or the failure to capture any
such information. Symantec and Gage are not responsible for any incorrect or
inaccurate information, whether caused by printing errors, Web site users,
tampering, hacking, or by any of the equipment or programming associated with
or utilized in the Promotion, and are not responsible for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to the
Promotion Websites or any communications means. Symantec and Gage are not
responsible for injury or damage to Participants' or to any other person's
computer related to or resulting from participating in this Promotion or downloading
materials from or use of the Promotion Website.
Any use of robotic, automatic, macro,
programmed or like or alias methods to participate in the Promotion are
ineligible and will result in suspension or disqualification from participation
in the Promotion.
Symantec reserves the right, in its sole
discretion, to reasonably suspend or cancel the Promotion should any virus, bug
and/or other cause beyond the control of Symantec corrupt the administration,
security or proper operation of the Promotion.
E. Indemnification. Participants agree
to release, defend, indemnify and hold harmless Symantec, its parents,
subsidiaries, and affiliated companies, and agencies (including but not limited
to Gage), and each of their respective officers, directors, employees and
agents (collectively “Indemnities”), from and against, and accept all
responsibility of any kind, including but not limited to financial, for any
liability, claims, losses, damages or proceedings, including but not limited
for death, (including reasonable attorneys' fees) relating to any actions taken
by a Participant or anyone else using a Participant’s password (whether or not
such use occurred with or without your permission). Participant also agrees to
release, defend, indemnify and hold harmless the Indemnities from any and all
liability, claims, losses, damages or proceedings, including but not limited
for death (including reasonable attorneys' fees) relating to Promotion
incentive consideration and any other matter in connection with a Participant’s
participation in the Promotion.
F. Tax Consequences. Participation and
receipt of benefits from the Promotion may have tax consequences in certain
instances. Symantec encourages Participants to speak with their tax advisors
prior to participation and receipt and acceptance of Promotion incentive
consideration to prevent any undesired results. Should there be any tax
liability for participation in the Promotion or the receipt of Promotion
incentive consideration, or costs or expenses relating to participation in the
Promotion not specifically assumed by Symantec or for the use and enjoyment of
Promotion incentive consideration, or for any other reason, such taxes and/or
expenses are the sole responsibility of the Participant. Symantec will issue
Promotion-related tax reporting, as may be required by applicable laws and
regulations.
G. Privacy. Participants in
the Promotion understand and agree that in order to offer the Promotion,
Symantec must collect and use personally identifiable information about
Participants and will from time to time contact Participants via their e-mail
and/or other addresses as provided. Symantec has contracted with a third party,
Gage, for the administration of this Promotion. All information gathered by
Symantec will be shared with Gage, for the limited purpose of administering
this Promotion. In all other ways this Promotion is administered under the
terms of the applicable Privacy Statement available for review on or through
the Promotion Website at www.symantecbigdraw.com/BE.
H. Copyright Notice. Nothing on the
Promotion Websites or on any other Symantec website, or Participant’s use of
the services or products related hereto, shall be construed as conferring any
license or other rights under the intellectual property or other proprietary
rights of Symantec, its subsidiaries or affiliates or any third party, whether
by estoppels, implication or otherwise. Symantec and/or its agents shall be
licensed by Participants to evaluate all Promotion-related submissions for
purposes of the Promotion judging. The software and programming code and media
relating to the Promotion Website and Promotion-related Promotion is protected
by the laws of copyright, trademark, patent, unfair competition and other
proprietary laws. Any Promotion-related submission further must be valid and
authentic ordinary course business documentation accurately
and truthfully representing information and sources of information thereon;
must not infringe third-party rights; and must be suitable for review and
verification purposes relating to the Promotion.
I. Participants’ Affidavits, Consents and Releases.
As a condition to participation in the Promotion and
receipt and acceptance of Promotional incentive consideration, a Participate
and his/her employer/principal consents for Symantec and those acting under its
control to use a Participant’s name, picture, voice, likeness and description
and status of participation in the Promotion, worldwide, for the purposes of
advertising, marketing and publicity, without further compensation, unless
prohibited by law. Permission is specifically granted for Symantec and its
agents to promote Participants and their participation in perpetuity in any
medium it may see fit including, but not limited to, website, television, radio
and/or printed materials.
J. Promotion Sponsor and Administrator.
The Sponsor of this Promotion is Symantec Corporation, 20330 Stevens Creek Blvd., Cupertino, California 95014 (“Symantec” or “Sponsor”). The
Administrator of this Promotion is Gage Marketing Group, LLC, 10000 Highway
Fifty Five, Minneapolis, Minnesota (“Gage” or “Administrator”).