NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE PKWARE’S DECRYPT AND DRIVE PROMOTION (the "PROMOTION").
THE PROMOTION IS SUBJECT TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED. PROMOTION ENDS MARCH 31, 2009.
- 1. Eligibility: To enter the Promotion, entrant: (a) must be a U.S. citizen with a lawful permanent residence of the United States, (b) must be 18 years of age or older at the time of entering the Promotion and (c) must not be considered a minor in your state of residence. The Promotion is void in New York, Florida, Puerto Rico, U.S. territories and possessions, outside of the United States, and where otherwise restricted or prohibited by law. Employees of PKWare, Inc. (the "Sponsor") and its affiliated companies, parents, subsidiaries, service partners, and advertising and promotion agencies (collectively, "Promotion Entities"), and their IRS dependents, immediate families (i.e. parents, children, siblings, spouse) and members of their households (whether related or not) are ineligible to participate in the Promotion. This Promotion is subject to all applicable federal, state and local laws and regulations. Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon eligible entrants fulfilling all requirements set forth in these official rules.
- 2. Promotional Period: The Promotion begins on October 1, 2008 at 12:00 a.m. Central Time ("CT") and ends on March 31st, 2009 at 11:59 p.m. CT (the "Promotion Period").
- 3. How to Enter and Win: NO PURCHASE NECESSARY. PURCHASING OTHER PRODUCTS FROM SPONSOR WILL NOT INCREASE THE ODDS OF WINNING.
The Promotion consists of a sweepstakes (the "Sweepstakes") and an instant win game (the "Instant Win Game"). To play the instant game and enter the sweepstakes, a copy of SecureZIP with a digital certificate that has a public key stored in the SecureZIP Global Directory is required. SecureZIP Express can be obtained for free and a digital certificate installed automatically on a Windows® desktop system by downloading SecureZIP Express at www.securezip.com.
During the Promotion Period, potential entrants will be directed to www.decryptanddrive.com to fill out the online entry form. Entrants must complete and submit the online entry form including name, a valid physical address for where he/she lives, his/her phone number (only for major prize notification purposes), and a valid email address registered to entrant, a resident at the supplied physical address. P.O. Boxes are not permitted. Entrant will automatically receive one (1) entry into the Sweepstakes and be sent an email message with a hyperlink to a file encrypted with entrant’s public key that allows entrant to open and decrypt with SecureZIP to see if he/she won an Instant Prize that day. Entrants should be sure to white list
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so game messages won’t go into a junk folder. Potential winners of the Instant Win Game will be provided directions for verification of eligibility. All potential winners are subject to verification before any prize will be awarded. Sponsor is responsible for the functionality of the Instant Win Game. - 4. Prizes:Sweepstakes Prize: ONE (1) GRAND PRIZE: Honda Scooter. One eligible entrant randomly selected from all entrants will win the Grand Prize. Approximate Retail Value ("ARV") is $2,500. The odds of winning the Sweepstakes Prize depend on the number of entries received during the Promotion Period. Sponsor will randomly select the potential Sweepstakes winner from all eligible entries on or around April 1, 2009.
Instant Win Game Prizes: FIVE (5) FIRST PRIZES: Fuji Bicycle. ARV: $500.00. FIVE (5) SECOND PRIZES: Nintendo® WiiTM with Mario Game. ARV: $300.00. SEVENTY (70) THIRD PRIZES: $50.00 Gas Card ARV: $50.00. FIFTY (50) FOURTH PRIZES: 2GB USB Drive. ARV: $20.00. ONE HUNDRED (100) FIFTH PRIZES: iTunes® Gift Card. ARV: $10.00. Up to five eligible instant win players will win one Instant Win Prize per day. Limit: One (1) Instant Win Game prize per entrant.
For the Instant Win Game: Two hundred and thirty (230) random, computer-generated selections, one for each prize listed above, will be generated during the Promotion Period. When the instant game is played, a random number will be generated for the entrant and compared to see if it matches a number of a prize in the assigned database. Odds vary during the promotional period to assure the prizes are all awarded over the specified time period. Odds could vary from 100:1 to as much as 5000:1 per game play. Odds may be adjusted on a daily basis to assure equal awarding of prizes over the specified time period.
For All Prizes: The ARV of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein or at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF ALL PRIZES: $12,000.00.
The Sponsor’s decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion.
- 5. Number of Entries: Each entrant may submit one (1) play/entry per day during the Promotion Period by registering or logging in, and up to five (5) bonus entries total per day during the Promotion Period for referring friends. Multiple entrants are not permitted to share the same email address. Any attempt by an entrant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's plays/entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the entrant. 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. Potential winners may be required to show proof of being the authorized account holder and that they reside at the physical address provided at entry. The Sponsor is not responsible for lost, late, misdirected, undeliverable, illegible, or incomplete entries or notifications, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries or notifications not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants, Sponsor, or Promotion Entities. If for any reason this Promotion is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor or the Promotion administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and randomly draw from those entries received up to the cancellation/suspension date.
- 6. Refer a Friend Program: After entrant plays the Instant Win Game, he/she will be invited to submit the names and email addresses of up to five (5) individuals who must meet all eligibility requirements to enter the Promotion. Each referred person will receive an email notifying them about the Promotion. For each referral of up to five (5) individuals with valid email addresses, entrant will be given one (1) additional entry into the Sweepstakes. During the Promotion Period, entrant may receive up to five (5) additional entries into the Sweepstakes per day through the Refer a Friend Program.
- 7. Verification and Notification of Potential Winners: The entrant that is the potential Sweepstakes prize winner will be notified by either email, telephone, or certified mail after the date of random drawing. Each entrant, that is a potential winner of a prize valued in excess of twenty five dollars ($25) will be required to sign and return to Sponsor an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited), including the social security number for the individual for prizes valued in excess of $600 (Grand Prize), within ten (10) days of the date notice is sent in order to claim the prize. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release and provide a social security number within the required time period (if applicable), forfeits the prize. In the event that a potential winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be up to three (3) alternate drawings after which the prize will remain unawarded. Prizes will be fulfilled 8-10 weeks after the conclusion of the Promotion.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME OR SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN GAME WINNER AND/OR SWEEPSTAKES WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- 8. Release: By receipt of any prize, a winner agrees to release and hold harmless Sponsor and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
- 9. Publicity: Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
- 10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes or Instant Win Game, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or Instant Win Game or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes or the Instant Win Game may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- 11. Limitations of Liability: SPONSOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRIZE, AND HEREBY DISCLAIM ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRIZES. NO LIABILITY: By entering, entrants and winners agree to comply with all Official Rules, as stated and agree to release, discharge, indemnify and hold harmless the Promotion Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims made by winners, entrants, or any other third parties, related in any way to the operation of this Promotion as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes or Instant Win Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- 12. Disputes: Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Wisconsin Eastern District (7th division)(Southern Division) or the appropriate Wisconsin State Court located in Milwaukee County, Wisconsin; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin.
- 13. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (http://www.pkware.com/privacy-legal).
- 14. Winners List: Winners List requests will only be accepted after the promotion end date (listed above) and no later than December 31st, 2009. For the Winners List, send an email with subject line: " Winners List Request," to
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.
- 15. Name Removal Notification System: For email address removal from Sponsor’s mailing list, go to www.PKWARE.com/contactus and submit a removal request.
- 16. The Promotion is being sponsored by PKWARE Inc. 648 N. Plankinton Ave. Suite 220, Milwaukee, WI 53203.