Canonical's Ubuntu Advantage Competition 2014
Terms of entry
These terms govern your ("you" or "your") participation in, and the operation of, the Ubuntu Advantage Competition 2014 (the “Competition”), sponsored and operated by Canonical Group Limited ("Canonical").
Your entry to the Competition will be governed by these terms.
Please read these terms carefully, if you do not agree to these terms, please withdraw or opt out from the Competition as set out below. By participating in the Competition (and not withdrawing or opting out during the Competition Period), you agree to become bound by and to comply with these terms, which are final and binding.
1. What's happening? (Summary)
In accordance with these terms, if you are eligible and not subject to an Exclusion (section 3) and have not opted out or withdrawn, you will be entered for the Competition (section 2) during the “Competition Period” (section 4) and you may be awarded a prize (section 4). Your entry is governed by these terms (in particular sections 5 to 14).
2. How can you enter?
You must be the primary sales contact for the purchase of Ubuntu Advantage by you or your organisation in order to participate. You will be automatically entered into the Competition by:
- purchasing Ubuntu Advantage Services (as defined below) for yourself or your organisation as set out below, unless you are not eligible or you opt out or withdraw from the Competition during the Competition Period; or
- if you are have written to us to requesting entry into the Ubuntu Advantage Competition 2014 (stating that you wish to be included and heading your letter “UA Competition”), at the contact address set out below and we have received your correspondence during the Competition Period. Please note that email entries will not be accepted
(“Competition Entry”).
For your purchase of Ubuntu Advantage Services (as defined at http://www.ubuntu.com/ua-servicedescription) to be eligible for the Competition, all of the following conditions must be met:
- you are not subject to any Exclusion set out below
- you are the primary sales contact for the purchase of Ubuntu Advantage by you or your organisation
- if you are acting on behalf of an organisation: you have authorisation to enter into the Competition, you are adhering to your organisation's rules and regulations and your Competition Entry or receipt of the prize is not in contravention of any such rules and regulations
- your purchase is made directly with Canonical’s inside sales team (and not through the shop)
- the purchase is for Ubuntu Advantage Services of no less than $5,000 USD (excluding applicable taxes)
- the transaction (including payment) for the purchase of Ubuntu Advantage Services must have been completed during the Competition Period (“Completion”). For the avoidance of doubt, no transaction that is started, but not Completed within the Competition Period will be eligible for entry into the Competition
You may not enter into the Competition if (each an “Exclusion”):
- your are not the primary sales contact for the purchase of Ubuntu Advantage by you or your organisation
- you do not agree to these terms of entry
- you are under any contractual or legal obligation that would not allow you to enter into the Competition or are otherwise restricted or prohibited by law or any rules or regulations
- you are an employee, officer, director or contractor of Canonical or a Canonical group company
- you are under 18 years of age during the Competition Period
- you are resident of Cuba, Iran, North Korea, Sudan or Syria or any other jurisdiction which is prohibited by Canonical or acting on behalf of an organisation based in such jurisdiction
Please note that you may be asked to verify (to Canonical's reasonable satisfaction) that you are not excluded from entering into the Competition.
3. Can you opt out or withdraw?
If you do not agree to these Competition terms, you are not eligible or you are Excluded, you must either not enter into the Competition or opt out of the Competition or withdraw from the Competition.
You may withdraw your entry at any time during the Competition Period. To opt out or to withdraw from entry, please notify your Canonical inside sales contact at the time of your purchase of Ubuntu Advantage Services or by email to: [email protected] at any time during Competition Period (as defined below).
4. Competition Period
The Competition runs from 13 March 2014 to 17th April 2014 (the “Competition Period”). The Competition opens at 12:00 GMT on 13 March 2014 and closes at 17:00 GMT on 17th April 2014.
The Competition Entries will be drawn on or around 25th April 2014
The winner will be announced by Canonical after 25th April 2014
*Times and dates may be adjusted in Canonical's absolute discretion.
5. Draw
All eligible Competition Entries will be submitted into the draw for the winner.
The winning Competition Entry will be selected, at random, by Jane Silber, CEO, Canonical Group Limited on 25th April 2014 at Canonical’s offices in London.
6. Winner notification and prize
There will only be one winner. The successful winner of the Competition will receive the following prize for or on behalf of themselves or their organisation (as applicable):
- 1 Full access ticket to the OpenStack Summit event, 12-16 May 2014, Atlanta, USA and $1000 cash paid to the organisation.
The winner will be notified by email following the draw. Winners will be asked to respond and confirm the nominated person from their organisation to be named on the ticket. Failure to respond within the specified time may result in the successful participant being withdrawn from the Competition and forfeiting their winning status.
If you are confirmed as a winner we may ask you for additional contact details in order to provide you with your prize. You will need to provide these within such time as is specified in such correspondence otherwise you may forfeit your prize.
The details of the winner (name of primary sales contract and organisation) will be posted on the Competition website following confirmation of the winner.
There will be no second draw if the winner does not accept or forfeits their prize. Prizes are non-transferable and may not be given, assigned or sold to any other person. Prizes cannot be exchanged for cash or other alternatives. All prizes are subject to availability and legal compliance. Should we not be able to provide the aforementioned prizes, we will use reasonable endeavours to offer an alternative prize of similar price or specification. If we offer an alternative prize, but it is not accepted by the winner, then the winner agrees to forfeit the prize.
The OpenStack Summit event full access ticket is provided to us by the OpenStack Foundation. We are not responsible for your transport or access to this event.
If you have entered the Competition on behalf of an organisation we will provide the prize to the primary sales contract for use by the organisation. We are not responsible for how the prize is distributed within the organisation.
7. Licence grant
You grant to Canonical and its group companies a perpetual, worldwide, exclusive, royalty-free, transferable, irrevocable licence under such rights, title and interest you have, with rights to sub-licence (through multiple tiers of sub-licensees) to disclose, advertise and publicise your name and that of your organisation and use your name and other information of you and your organisation, without your prior consent, for marketing, advertising or promotional purposes in connection with the Competition
You warrant and represent that you have the legal power and authority to grant the licence above and to enter into the Competition in accordance with these terms and, where applicable, have received permission to grant the above licence on behalf of your organisation or have a waiver of all intellectual property rights from such organisation.
Canonical may request from you evidence of such licence rights, waivers or permissions as it sees fit and you agree that you will provide Canonical with such evidence and assistance where reasonably required.
8. Representations, warranties and indemnity
You represent and warrant that in relation to your Competition Entry:
- you have authority to enter into the Competition, including purchasing the Ubuntu Advantage Services
- you will not violate or infringe a third party's intellectual property or other rights
- neither it nor you violate any contractual or legal obligation and are not restricted or prohibited by law
- all information provided by you is and will remain accurate and complete
- is provided compliant with the Exceptions above
- you represent and warrant that you have the authority to represent your organisation and to agree to these terms
You will indemnify and hold harmless Canonical and its group companies from and against all claims, costs (including properly incurred adviser's costs), damages, expenses, losses or liabilities incurred by Canonical and its group companies as a result of (i) any breach by you of these terms or any actions taken by you or your organistion in relation to the Competition, and (ii) any use by you or your organisation of the prize(s) and any other matter in connection with your participation in the Competition. Canonical is not responsible for your organisation's entry into this Competition, nor use of the prize.
9. Disclaimer and limitation of liability
Canonical may suspend, cancel or modify the Competition in its absolute discretion.
Canonical may refuse a Competition Entry where you are in violation of these terms.
Canonical does not make and expressly disclaims any and all representations, warranties or
conditions of any kind (whether express, implied, or arising by statute, custom, course of dealing or trade usage) with respect to the Competition, prize or these terms or anything related thereto or in connection with these terms. Canonical expressly disclaims any and all implied warranties or conditions of title, satisfactory quality, merchantability, satisfactoriness fitness for a particular purpose and non-infringement. Canonical excludes all liability for any direct, indirect, incidental, special, consequential, exemplary, punitive or other damages, or lost profits, that may result directly or indirectly from these terms, a prize and/or your entry into the Competition.
Nothing in these terms seeks to exclude or limit the liability of either party for (i) death or personal injury, (ii) any misrepresentation (fraudulent or otherwise) or (iii) any other liability which a party is not permitted to exclude or limit as a matter of applicable law.
10. Infringement
If you have reason to believe that material provided as part of the Competition by Canonical or a third party, or a party’s entry into this Competition, is in breach of any law, regulation or third party's rights, you should notify Canonical in writing at the address below. In doing so, please:
- identify the material which you believe to be infringing
- identify what you believe this material infringes and why
- provide your name, email address, address and telephone number
- confirm that you believe in good faith that this material is infringing a law or third party's rights and that, to the best of your knowledge, the information you are providing is correct
- identify if you are acting on behalf of the third party whose rights may have been infringed
- provide your physical or electronic signature
11. Privacy
By entering the Competition you agree to the collection, use and processing of your personal data by Canonical and its group companies for the purposes of administering the Competition, providing the winner with the prize and other in accordance with these terms and Canonical's privacy policy: http://www.canonical.com/aboutus/privacypolicy.
As per Canonical's privacy policy the information you provide to us will be held on computers and may be accessed by or given to our staff working inside and outside of the UK and to third parties, including contractors and companies within Canonical's group of companies, for the purposes set out in these terms. By submitting a Competition Entry (and not opting out or withdrawing during the Competition Period) you acknowledge that it may be necessary for your information to be processed by such parties and that it may be transferred to someone who provides a service to us in another country, including some outside of the European Economic Area, and you consent to such processing and transfer. If it is necessary to transfer your personal information outside of the European Economic Area we will make every effort to ensure that the person to whom we pass the personal information agrees to treat it with the same level of protection as we do.
12. General
Any failure or delay by Canonical to exercise any right or remedy in enforcing these terms will not be construed or operate as a waiver of that right or remedy nor will any single or partial exercise of any right or remedy preclude further exercise of that right or remedy by Canonical.
The terms comprise the entirety of the terms of entry in relation to the Competition and supersede any previous arrangements of any kind. These terms govern all participation in the Competition and cannot be modified or superseded except by Canonical, in its reasonable discretion. In the event of any inconsistency between these terms and any other communication by Canonical, these terms will govern.
By entering into the Competition and complying with these terms you acknowledge and agree that you have no expectation of any partnership, joint venture or employment with Canonical or any Canonical group company and you agree that neither you nor Canonical have entered into any agreement (oral or written) in relation to your Competition Entry. You waive any and all rights to claim compensation for any prize. You acknowledge and agree that you are submitting your Competition Entry for the Competition and you do not expect, and are not entitled to, any consideration.
These terms, the Competition, your participation in the Competition and your Competition
Entry are governed and shall be construed in accordance with the laws of England and you and Canonical agree to submit to the exclusive jurisdiction of the English Courts.
14. Contact us
If you have any questions in relation to these terms, the Competition, would like a printed copy of these terms or would like to ask us questions or feedback on your Competition Entry, please contact [email protected] or write to Canonical at the correspondence address below.
If you wish to submit a Competition Entry to Canonical in writing, please write to Canonical at the correspondence address below and title your correspondence “UA Competition”, stating that you wish to be included. To be eligible for the Competition your correspondence must have been received by Canonical during the Competition Period.
Canonical Group Limited
5th Floor, Blue Fin Building, 110 Southwark Street, London, SE1 0SU