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The following
promotion is intended for registered
California
corporations, limited liability companies, partnerships, and other legal entities
registered to conduct business in the state of
California
(“qualified applicants”) and will be construed and evaluated according to the laws
of the State of
California
. Do not proceed in this site if you
are not a legal U.S. resident, 21 years or older, an authorized agent of a qualified
applicant and accessing this site in the United States, its territories, possessions,
or commonwealths (except Puerto Rico).
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Western Blue Extreme IT Makeover
OFFICIAL RULES – NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED.
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How to
Enter:
Beginning at 9:00 a.m. Pacific Time on May 1, 2008 until 11:59 p.m. Pacific Time
on August 31, 2008 (the "Entry Period"), qualified applicants may register for the
Western Blue ("WB") 2008 Extreme IT Makeover promotional program (the "Program")
online by visiting the website at www.MyITMakeover.com
(the "Program Website")
and completing and submitting the online application.
All eligible entries
will be considered for selection and award of the promotional giveaway. When you
enter at the Program Website, you will be asked to register your company and provide
contact information, consent to receive promotional e-mails and reminders for upcoming
promotions and information about Western Blue and the Participating Partners and
Sponsors identified below. Consenting
to receive such e-mails is optional and does not have to be agreed to in order to
be eligible to enter and does not improve your chances of being selected. Western
Blue Corporation and all Participating Sponsors (collectively the "Sponsoring Entities"),
their respective affiliates, subsidiaries, parent corporations, and their respective
officers, directors, shareholders, employees and agents, and any and all Internet
servers and access provider(s) are not responsible for: any incorrect or inaccurate
entry information; human error; technical malfunctions; failures, omission, interruption,
deletion, or defect of any telephone network, computer online systems, computer
equipment, server providers, or software, including any injury or damage to participant’s
or any other person’s computer relating to or resulting from participation in this
Promotion; inability to access the Program Website; theft, tampering, destruction,
or unauthorized access to, or alteration of entries; transactions that are processed
late or incorrectly or are incomplete or lost due to computer or electronic malfunction
or traffic congestion on the Internet or at any Website; printing or human or other
errors; and any entries which are late, lost, incomplete, misdirected, stolen, mutilated,
illegible or postage due, or any combination thereof. Proof of mailing, in person
submission, or online submission is not considered proof of delivery or receipt.
All entries become the property of Western Blue Corporation and will not be returned. A purchase will not increase chance
of winning. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE
OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTIONAL PROGRAM MAY BE IN VIOLATION
OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WESTERN BLUE RESERVES
THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH
ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Eligibility: This Promotional Program is open only to individuals authorized
to enter on behalf of business entities that are registered corporations, limited
liability companies, or partnerships with valid certificates to conduct business
in the State of California except for qualified business entities in which employees
and members of their households and immediate families (spouses, parents, siblings,
children and each of their respective spouses) of Western Blue and all other Participating
Sponsors (collectively, the "Participating
Sponsors") have economic interest, or are deemed as controlling
persons in such entities under the California Corporations Code.
Western Blue reserves the right to conduct a background check
on any potential Applicant and reserves the right in its sole discretion to disqualify
any person or entity based on such background check if Western Blue determines in
its sole discretion that awarding the promotional giveaway to such Applicant might
reflect negatively on Western Blue or any of the Participating Sponsors. By entering,
all participants and/or entrants release the Program Entities and their respective
parent companies, subsidiaries, and affiliates, and their respective agents, advertising
and promotion agencies, affiliated companies,
partners and prize suppliers, and all of their respective affiliated companies,
employees, officers, directors and shareholders, from and against all claims and
damages arising in connection with each entrant’s participation and/or entry in
the program and/or their receipt or use of any giveaways awarded. Any and all warranties
and guarantees are subject to the respective manufacturer’s terms. This promotional
program is governed by
California
law and is subject to all federal, state and local laws and regulations. Void where
prohibited by law.
How Makeover
Recipients will be Determined:
Extreme IT
Makeovers will be awarded: On or about September 31st, 2008
, the Participating Sponsors shall convene a judging panel to select candidate promotional
makeover recipients from among all eligible and qualified entries.
The judging panel shall make the final determination of the candidates. All decisions of the screening committee
and judging panel will be made in their respective sole discretions and are final.
Makeover Recipient
Notification: Western Blue anticipates
that the candidate recipients will be contacted in person on or about September 25th,
2008 (subject to change) by Western Blue representatives and such potential award
recipients shall be presented with a letter of engagement governing the terms and
conditions of the actual IT Makeover Project to be executed.
If Western Blue is unable to contact any potential candidate within five
(5) days of the initial attempt, if any potential candidate fails to return all
requested forms fully-executed by the specified date, or if any potential candidate
fails to comply with these Official Rules, his/her place as an award recipient will
be forfeited and an alternate recipient selected at Western Blue’s discretion.
By entering the Program,
each entrant consents to the use by Western Blue and their designees of applicant’s
name and business information provided by applicant and contained in the program
application. Each entrant shall represent
and warrant that the information provided to Western Blue in the course of the promotion
and contained in said application as furnished by the applicant shall be accurate
and truthful and delivered in good faith.
Final recipients of promotional giveaways under this Program will be announced on
a date to be determined by Western Blue in or around December 2008 (or as otherwise
set forth above) in any and all media, including online announcements now or hereafter
known, worldwide and without limitation and without additional compensation, notification
or permission, except where prohibited by law.
General Conditions: Western Blue’s decisions with respect to the candidate
recipients and any other matters pertaining to the Extreme IT Makeovers program
shall be final and binding on all entrants and participants. Potential recipients
may be required to sign an affidavit of eligibility and release of liability and
publicity (where permitted), and return same, properly executed, within five (5)
days of issuance of notification. By entering into the Program, all entrants consent
to the use of their name, photograph (including photographs submitted by them to
Western Blue), likeness, biography, voice and/or video for advertising and promotional
purposes, including online announcements, worldwide and without limitation and without
additional compensation, except where prohibited by law.
In addition to the aforementioned, recipients will be required
to enter into (i) a non-disclosure agreement with Western Blue Corporation for the
purposes of sharing confidential information regarding the commercial and financial
details of current, historical and projected performance of the business and (ii)
a services engagement contract enabling the delivery of the promotional giveaway
as described further below. Failure
to conclude the foregoing agreements will result in the disqualification of the
potential recipient and all entrants specifically acknowledge and agree that such
ultimate determination of eligibility shall be made in the sole discretion of Western
Blue and that all decisions made by Western Blue in this regard are final.
Entry applications
that have been tampered with or altered are void. If, in Western Blue’s opinion,
there is any suspected or actual evidence of electronic or non-electronic tampering
with any portion of the program, or if computer virus, bugs, unauthorized intervention,
fraud, or technical difficulties or failures compromise or corrupt or affect the
administration, integrity, security, fairness, or proper conduct of the program,
Western Blue reserves the right at its sole discretion to disqualify any individual
who tampers with the entry process and void any entries submitted fraudulently,
to modify or suspend the program, or to terminate the program and conduct a selection
process using all eligible, non-suspect entries received as of the termination date.
Should the Program be terminated prior to the stated expiration date, notice will
be posted on the Program Website. Any attempt by an entrant or any other individual
to deliberately damage any website or undermine the legitimate operation of the
Program is a violation of criminal and civil laws and should such an attempt be
made, Western Blue reserves the right to seek damages and other remedies from any
such person to the fullest extent permitted by law. In the event of a dispute as
to the identity of any potential award recipient based on an e-mail address, the
winning entry will be declared made by the authorized account holder of the e-mail
address submitted at time of entry. "Authorized account holder" is defined as the
natural person who is assigned to an e-mail address by an Internet access provider,
on-line service provider, or other organization (e.g., business, educational, institution,
etc.) that is responsible for assigning e-mail addresses for the domain associated
with the submitted e-mail address.
Promotional
Giveaway: Recipients shall be selected
by Western Blue to receive a promotional “Extreme IT Makeover” consisting of products
and services specified and supplied by Western Blue Corporation or other Participating
Sponsors with an aggregate fair market value of $75,000.
The exact nature and mix of products and services provided shall be determined
and delivered under the terms and conditions of a specific performance contract
to be executed between Western Blue Corporation and the Recipient.
In general, the scope of such performance contract may include, but shall
not be limited to:
1.
Consultation services to perform
and document an “as-is” assessment of the Recipient’s current information technology
and business process capability.
2.
Consultation services to perform
and document a “to-be” needs assessment to determine the ingredients of the makeover
project.
3.
Technical solution design and engineering
to specify hardware, software, and other technical components to be implemented
in the specific makeover project.
4.
Provision and installation of specified
technical components.
5.
Implementation and training services.
6.
Consultation services to perform
and document impact analysis and results observed from the makeover project.
7.
Video documentation of makeover project
in various phases, including testimonial interviews with designated persons involved
in the business and in the project.
8.
Transition to contract support services
provided by Western Blue for a period of six (6) months following completion of
the makeover project.
9.
Terms governing a “certificate of
acceptance” by the Recipient and Western Blue as evidence of completion and reciprocal
releases of liability.
10.
Other terms and conditions of performance by the
Recipient as necessary to effect and enable the above deliverables and complete
the implementation of the makeover, including, but not limited to; informational
disclosures and assignment of business subject matter experts and other personnel
required to implement, test, and accept the makeover solutions.
“Extreme IT Makeover”
Recipients shall be responsible for their own costs associated with entry, acceptance,
makeover project implementation, and all post-implementation activity and use of
any makeover components. Entrants specifically
acknowledge and agree that in the event they shall be awarded a promotional giveaway
under this program, the obligation of Western Blue Corporation and Participating
Sponsors is limited to delivery and provision of products and services as described
in the actual engagement contract as shall be executed.
All Extreme IT Makeover awarded include a post-implementation service contract at no additional cost to the Recipient with such service contract terminating six (6) months following the date of completion of the makeover project. Upon termination, such service contracts shall be renewable at then current billable rates and other attached terms and conditions as offered by Western Blue. Purchase of such extended service contracts are not a requirement of eligibility to enter or be selected. However, Applicants acknowledge and agree that service and warranty support following termination of the awarded post-implementation service contract is the sole responsibility of the Recipient; Western Blue assumes no responsibility for technical service and support of any kind in the absence of an effective service contract.
Other General Conditions:
All
costs, taxes, fees, and expenses associated with an award
or the acceptance and use of any element thereof not specifically addressed above
are the sole responsibility of the respective recipient.
All federal, state, and local taxes are recipient’s responsibility. Recipients will be issued a 1099
tax form for the ARV of the actual Extreme IT Makeover delivered.
The specifics of all aforementioned elements of the program and
makeovers shall be solely determined by Western Blue. Some restrictions may apply. Selection for a makeover project cannot
be transferred, substituted or redeemed for cash except at Western Blue’s sole discretion.
HAVE YOU READ, UNDERSTAND, AND AGREE TO COMPLY WITH THE TERMS
AND CONDITIONS FOR PARTICIPATION IN THE WESTERN BLUE EXTREME IT MAKEOVER PROGRAM?
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