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 25, 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 25, 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.