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Terms & Conditions: Product Nightmares Before Christmas Giveaway

ProductBoard #ProductNightmaresB4Xmas Holiday Poster Giveaway Official Rules

No Purchase Necessary; Entry Instructions.  NO PURCHASE OR PAYMENT OF ANY MONEY IS NECESSARY TO ENTER.  A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING.  

ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE REGISTRATION OR BONDING REQUIRED.  SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS.  

To enter the promotion, participant must:

(1) take the following action: 

  1. Complete an entry form at https://forms.gle/gDCa42FPF1AT5nLB8

OR

(2) send an email with your name, address, phone number and “Enter Me in the ProductBoard ProductNightmaresB4Xmas Holiday Poster Giveaway” written in the subject line to dottie@productboard.com.  

Multiple participants are not permitted to share the same social media account or email address.  Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods will void that participant’s entries and that participant may be disqualified.  Use of any automated system to participate is prohibited and will result in disqualification.  ProductBoard (“Sponsor”) will make final determination of identity of participants in its sole discretion.  

Promotion Period.  This promotion begins at 8:00 am Pacific Time (“PT”) on December 12, 2022 and ends at 6:00 pm PT on December 21, 2022 (the “Promotion Period”).  All entries must be received during the dates and times specified in the Promotion Period, and Sponsor will make the final determination of timing of entries in its sole discretion.  

Eligibility.  This Promotion is void in any states, jurisdictions, or territories where prohibited by law.  Employees of Sponsor and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. 

Prizes.   There will be six winners.  Each winner will receive six (6) product nightmare posters. The aggregate retail value of the prizes is approximately US$700.  

No substitution, assignment or transfer of the prize is permitted, except by Sponsor, who has the right to substitute a prize with another of comparable or greater value.  Each winner is responsible for all other taxes, charges and fees associated with the receipt and/or use of the prize.

Determining Winners.  Winners will be selected in a random drawing within approximately two (2) days of the end of Promotion Period.  Sponsor will notify winner by email at the address associated with the winner’s entry, and/or by other means provided within approximately two (2) days following the completion of the Promotion Period.  Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any account.  Winner must then respond to Sponsor within fourteen (14) days.  Should a winner fail to respond to Sponsor, Sponsor reserves the right to disqualify that winner and select a new one.  Winner may be required to sign an affidavit of eligibility, liability release and a publicity release.  By entering or accepting any prize, winner allows Sponsor to use the winner’s name, photograph, likeness, voice, prize information and biographical information for publicity and promotional purposes without further compensation where permitted by law.  Except where prohibited, participation constitutes participant’s consent to Sponsor’s use of participant’s name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.  

Conditions of Participation.  By submitting an entry for this promotion, you agree to abide by these Official Rules, the ProductBoard Terms of Use and any decision Sponsor makes regarding this promotion, which Sponsor shall make in its sole discretion.  Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any participant or winner who, in Sponsor’s reasonable suspicion, tampers with Sponsor, Sponsor site, the entry process, intentionally submits more than the allowed number of entries, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. 

Intellectual Property.  Ownership of the pre-existing underlying intellectual property of the entrant remains the property of the entrant subject to Sponsor’s rights to reprint, display, reproduce, perform, use, and exhibit the entry for the purpose of administering and promoting the Promotion and for Sponsor’s marketing and advertising purposes.  By participating in the Promotion, each entrant grants to Sponsor a non-exclusive, worldwide, fully paid, royalty-free, perpetual, transferable license to reprint, display, reproduce, perform, use and exhibit (including the right to make derivative works of) the entry and materials and information submitted or posted on and in connection with the Promotion or use or receipt of the prize for any and all purposes in any medium.  Each participating entrant hereby warrants that any entry and other materials and information provided by entrant are original with entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations.  If the entry or information or materials provided by entrant contain any material or elements that are not owned by entrant and/or which are subject to the rights of third parties, entrant represents he or she has obtained, prior to submission of the entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the entry and information and materials by Sponsor in the manner set forth in the Official Rules without additional compensation.  

Each entrant warrants that the entry and materials and information provided do not contain information considered by entrant, its employees or personnel, or any other third party to be confidential, and that the entry, materials and information provided do not violate any laws or regulations.  Entrant agrees that Sponsor has the right to verify the ownership and originality of all entries and that, upon Sponsor’s request, entrant must submit a written copy of any release or permission entrant has received from a third party granting entrant the right to use such property.  Entrant understands and acknowledges that in the event a submission is selected as a winning entry, and entrant’s ownership, rights and the originality of the entry cannot be verified to the satisfaction of Sponsor or is in any other way ineligible, Sponsor may select an alternate winner based on the same judging criteria.

Disclaimer, Release and Limit of Liability.  SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION.  BY ENTERING THE PROMOTION OR RECEIPT OF ANY PRIZE, EACH ENTRANT  AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND TWITTER, LINKEDIN AND OTHER SOCIAL MEDIA PLATFORMS, 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.  THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR:  (1) 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; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; OR (5) 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 promotion, provided that if it is not possible to award another entry due to discontinuance or completion 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 event that production, technical, programming or any other reasons cause more than 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.

Privacy and Use of Promotion Information.  Sponsor collects personal information from you when you enter this promotion.  Sponsor reserves the right to use any information collected in accordance with its privacy policy, which may be found at <https://www.productboard.com/privacy-policy/2021-10-20/>. 

GOVERNING LAW AND DISPUTES: THESE OFFICIAL RULES AND THE PROMOTION ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES SHALL BE IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA.  IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”).  THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA.  ANY SUCH CONTROVERSY OR CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.  ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA.  THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

List of Winner(s).  Individuals may request the name of the winner(s) by submitting a self-addressed stamped envelope prior to three (3) months from the end of the Promotion Period to ProductBoard Inc., Attn. ProductBoard ProductNightmaresB4Xmas Holiday Poster Giveaway, 612 Howard Street, 4th floor, San Francisco, CA 94105.  Vermont residents may omit postage.

Sponsor.  Sponsor of this promotion is ProductBoard, Inc., 612 Howard Street, 4th floor, San Francisco, CA 94105.  For any questions about the promotion, send emails to dottie@productboard.com.

No Affiliation with Twitter. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter.  You understand that you are providing your information to Sponsor and not to Twitter.  The information you provide will only be used as described in these Official Rules and Sponsor’s privacy policy.