Proformative Cloud Computing/SaaS Contest Rules

Cloud Computing Trends - Take the Survey

Complete in its entirety the Proformative Cloud Computing/SaaS Survey and you may win a $450 Southwest Airlines gift card.

Proformative is giving away to the winner of a random drawing of all qualifying respondents of the Proformative Cloud Computing/SaaS survey a $450 Southwest Airlines gift card.

No purchase necessary. Must be 18 years or older to enter. See below for details.

-------------------------------------------------------

Contest Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
COMPLETE OFFICIAL RULES - By participating in the Contest, You agree to be bound by the following rules.
ELIGIBILITY: The Contest is sponsored by Proformative, Inc. ("Sponsor" or "Proformative") and is open and offered only to individuals age eighteen (18) or older at time of registration, are registered users of Proformative, are corporate finance, accounting, treasury, or other related corporate professional, and who have accepted these Terms and Conditions by participating in the survey (eligible "Entrant" or "You"). Proformative, LLC, its affiliates, subsidiaries, and their respective employees, officers, directors, shareholders, representatives, agents, consultants, contractors and their family members are not eligible to participate and will be disqualified. The Contest is void where prohibited or restricted by law. Proformative reserves the right to limit, or restrict upon notice, participation in the Contest to any person who fails to comply with these terms and conditions.

CONTEST PERIOD

The Contest begins on Monday, December 4, 2012 at 12:00 AM Pacific Time (PT) and ends on Tuesday, April 30, 2013 at 11:59PM PT (the Contest Period). Entries that are submitted before or after the Contest Period will be disqualified.
CONTEST ENTRY REQUIREMENTS & HOW TO ENTER: To enter the Contest, complete in its entirety the Proformative Cloud Computing/SaaS Survey (link). Only one survey response is permitted per individual.

PRIZE(S): One (1) $450.00 Southwest Airlines gift card. Sponsor reserves the right to change the prizes to those of higher value at any point during the contest. On or about May14, 2013, the Sponsor will select potential winners in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received.

TERMS OF REGISTRATION: Sponsor reserves the right to disqualify and/or remove any registrant within its sole and absolute discretion.

TAX CONSIDERATIONS: Winner is solely responsible for any local, provincial, state, federal or any other applicable taxes, and any other costs, expenses and fees connected with the prize. Entrant must provide tax related documentation as requested by the Sponsor to meet its tax reporting obligations.

RELEASES: In the event of noncompliance with these Terms and Conditions, if potential winner cannot be reached using the contact information provided on Twitter within two attempts, or if the prize winner notification is returned as unclaimed or undeliverable, the prize will be forfeited and an alternate potential winner may be selected. Prizes are not assignable or transferable in whole or in part. No prize substitutions allowed, in whole or in part, except the Sponsor reserves the right to substitute a prize of comparable value. Each potential winner (parent/legal guardian if a minor in his/her state of residence) will be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize.

VERIFICATION: Proformative, in its sole and absolute discretion, may suspend, remove or otherwise eject any Entrant suspected of providing false, misleading or other information that may fail to comply with these Terms and Conditions, the Proformative User Agreement and Copyright Agreement or any other Contest rules or regulations.

GENERAL CONDITIONS: CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH PERSON FROM THE PROMOTION, IF APPLICABLE). Any Entrant Proformative suspects of attempting to circumvent the Terms and Conditions of this Contest, including but not limited to using false e-mail and/or addresses, multiple identities or other fraudulent or deceptive entry methods, may be disqualified. In the event of a dispute as to the source of any Submission, the authorized account holder of the email address used to enter will be deemed to be the person making the Submission. The authorized "account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

LIMITATIONS OF LIABILITY AND RELEASE: ENTRANTS AGREE THAT SPONSOR, ITS AFFILIATES, DIVISIONS, SUBSIDIARIES, RESELLERS, DEALERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS ("RELEASED PARTIES") WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY ENTRANT FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING WITHOUT LIMITATION DISABILITY OR DEATH, EXCEPT IN CASES OF DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF THEIR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED ACTIVITY. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.

CHOICE OF LAW: This Contest and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the State of California and the United States, without regard to the conflicts of laws provisions thereof. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms and Conditions shall be the state courts of the State of California for the County of Santa Clara or the United States District Court for the Northern District of California and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys' fees. Entrants hereby waive all rights to (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and (ii) to have damages multiplied or otherwise increased, including for willful patent infringement.

SPONSOR: Proformative, Inc.- 99 Almaden Boulevard, Suite 975, San Jose, CA 95113.