OFFICIAL RULES - LivePerson Summer Wipeout
CONTEST PERIOD:
The “Summer Wipeout” Contest (the “Contest”) starts at 12:00 a.m. E.S.T. on July 30, 2009 and ends at 11:59 p.m. E.S.T. on September 30, 2009 (the “Contest Period”).
ELIGIBILITY:
The Contest is open only to legal residents of the fifty United States and the District of Columbia who are (a) 18 years of age or older at the time of entry, and (b) members in good standing of the LivePerson community who (i) are in compliance with the member terms and conditions available at the following site http://www.liveperson.com , (ii) have engaged in a same session chat with any LivePerson Expert on the LivePerson platform where the fees for such session exceed $50 or more (such chat, an “Eligible Chat”), and (iii) have not been a prior winner during the Contest Period. Void where prohibited by law. Employees of LivePerson, Inc. ("Sponsor") and employees of any current customer of Sponsor, and their respective subsidiaries, affiliates and advertising or promotion agencies, and members of the immediate families (parent, child, sibling and spouse of each) or households of such employees, are not eligible to participate.
TO ENTER:
There are two ways to enter: 1) engage in a same session chat with any LivePerson Expert on the LivePerson platform where the fees for such session exceed $50 or more (such chat, an “Eligible Chat”); or 2) mail a 3” x 5” postcard with your name, address, e-mail address, LivePerson member name and telephone number to LivePerson, Inc., c/o “Summer Wipeout Contest”, 462 Seventh Ave, 3rd Floor, New York, NY 10018, which must be received by the Sponsor prior to the end of the Contest Period. A Purchase Will Not Increase Your Odds of Winning. Only one (1) entry per person or email address for each day of the contest is permitted. In the event more than one (1) entry for the day is received from any one person or email address, the first entry processed will be considered the only valid entry received for that Entry Period.
SELECTION OF WINNERS:
One potential winner will be selected daily from among all eligible entries received for that day. Each winner is subject to verification. The selection of the potential winner for each day shall be based upon a number of criteria, including the number of Eligible Chats submitted by each contestant during the Contest Period, the average dollar value of the Eligible Chats for each contestant during the Contest Period, and the number of expert categories in which the contestant had Eligible Chats during the Contest Period.
NOTIFICATION:
The potential winner for each day of the Contest Period will be notified by email at the email address listed in their member’s account or on their postcard entry, as applicable, within seven (7) business days. The potential winner (or the potential winner’s parent/legal guardian if winner is a minor in his/her state of residence) may be required to execute and return to Sponsor an Affidavit of Eligibility and Liability and Publicity Release, within four (4) business days of delivery of documents to the winner. If the potential winner is unreachable during a period of forty-eight (48) consecutive hours, or if the potential winner fails to respond or fails to sign and return the Affidavit of Eligibility and Liability and Publicity Release within the required time period, or if any attempted notification is returned as undeliverable, the potential winner may be disqualified and an alternate winner may be selected. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.
PRIZES:
There will be fifty-four (54) prizes. The approximate retail value (“ARV”) of the prize is no more than $100.00 USD. The prize consists of (a) the cancellation of the charges for) the Eligible Chat, provided the cancelled charges shall not exceed $100 and the winner shall be responsible for all fees in excess of $100, or(b) in the event that the winner submitted their entry by mail, a credit for $100 to their LivePerson member account to apply against any future chat with an expert on the LivePerson platform. The prize consists only of the items expressly specified herein. No substitution or transfer of any prize is permitted except at the discretion of the Sponsor, which reserves the right to substitute a prize of equal or greater value. All expenses or costs associated with the acceptance or use of any prize are the responsibility of the winner. Winner(s) cannot assign or transfer a prize to another person or entity and is not entitled to cash in place of the prize or prize component. All applicable taxes on prize value are the sole responsibility of the winner.
ODDS OF WINNING:
Odds of winning depend on the number of eligible entries received.
GENERAL CONDITIONS:
All federal, state and local laws apply. By entering the Contest, each entrant agrees: (a) to adhere to and accept these Official Rules and all decisions of Sponsor and any third parties retained by or on behalf of Sponsor in connection with the execution or administration of the Contest (the “Administrators”), which are final and binding in all matters relating to this Contest, (b) to release and hold harmless Sponsor, the Administrators and each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies and representatives, and all others third parties associated with the development, administration and execution of this Contest, and each of their respective directors, officers, employees and agents (collectively, the “Released Parties”), from any and all claims or liability of any kind whatsoever (including without limitation claims of injury, loss or damage of any kind) resulting from participation in this Contest and/or the acceptance, possession, misuse or use of any prize, (c) that the Administrators, Sponsor and Sponsor’s designees may use the entrant’s name, voice, biographical information and likeness in connection with the Contest and for all advertising, trade, publicity and promotional purposes worldwide, in perpetuity, without notice, permission, review, approval or additional compensation except where required by law. The collection, use and/or disclosure of any personal information you provide is subject to the privacy policy set out at www.liveperson.com/support/privacy.asp, and (d) to indemnify the Released Parties from any third party claims arising from or related to that entrant’s participation in the Contest. The Released Parties are not responsible for (a) incomplete, lost, late, damaged, illegible, delayed, corrupted, misdelivered or misdirected e-mail, mail, submissions or other communications, (b) postage-due mail, (c) any technical problems or malfunctions of any telephone lines, computer systems, servers, providers, hardware or software, (d) lost or unavailable network connections, (e) failed, incomplete, garbled or delayed computer transmissions, (e) data loss or corruption, (f) human or technical errors of any kind, or (g) any combination of any of the foregoing. The Released Parties are not responsible for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. The Released Parties are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Contest or any Web site related to the Contest; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any person participating in or connected with the Contest. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different identities, or any other methods will void that participant’s entry and that participant may be disqualified. Use of any automated system, process, mechanism or program to participate in the Contest is prohibited and will result in disqualification of the entry and/or video in question. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Contest at the actual time of registration will be deemed to be the entrant and will be required to comply with these rules; the unauthorized subscriber(s) will be disqualified. “Authorized subscriber” means the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the potential winning entry. If, for any reason, the Contest cannot be completed as planned as a result of a computer virus or bug, tampering, unauthorized intervention, fraud, technical failure or any other occurrence that in Sponsor's sole opinion corrupts or affects the administration, security, fairness, integrity, impartiality or proper conduct of the Contest, Sponsor reserves the right to modify, cancel, terminate or suspend the Contest by posting a notice at http://www.liveperson.com/lp/promos/wipeout/. Sponsor further reserves the right to alter any rules of the Contest at anytime. All entries become the property of Sponsor and will not be acknowledged or returned. These Official Rules shall be governed by and construed under the laws of the State of New York, without regard to conflicts of laws principles. By entering, you consent to the jurisdiction of the federal and state courts located in the County of New York in the State of New York, which shall have exclusive jurisdiction over any lawsuit, claim or proceeding arising out of the Contest, irrevocably waive any objection thereto on the grounds of venue, forum non-conveniens or any other grounds, and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and. You further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these Official Rules. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this contest or use or redemption of any prize. Sponsor is not responsible for any typographical or other error in the printing of the Official Rules, the announcement of any winners or any other Contest-related materials. In no event will more than the number of prizes stated in these Official Rules be awarded.
WINNERS LIST:
For the names of the winners, mail a self-addressed, stamped envelope, to be received before November 1, 2009, to: “Summer Wipeout” Contest Winners’ List, c/o LivePerson, Inc., 462 Seventh Avenue, Inc. New York, NY 10018. VT residents may omit return postage. Alternatively, you can view the list of winners by visiting http://www.liveperson.com/lp/promos/wipeoutwinners. This list will be updated on a weekly basis.
Sponsor:
LivePerson, Inc., 462 Seventh Avenue, Inc. New York, NY 10018.