Summit 2023 Sweepstakes
US Sweepstakes & Fulfillment Company
Escape to the Cloud with Western Computer Sweepstakes
ESCAPE TO THE CLOUD WITH WESTERN COMPUTER SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ELIGIBILITY: The Escape to the Cloud with Western Computer Sweepstakes (the “Sweepstakes”) is not open to the general public and is restricted to trade. Sweepstakes is open only to registered attendees of the 2023 Community Summit (the “Event”), who are at the time of entry and prize award: a) professionals using or have a use for Microsoft Dynamics ERP or CE applications in the conduct of their work; b) legal residents of the 50 United States, including the District of Columbia; and c) age 18 or older and the age of majority in their state of residence (19 or older in Alabama and Nebraska; 21 or older in Mississippi). Entrants must be present at the Event’s Western Computer Booth during the random drawing (as described below) to be eligible for a chance to win the Second Prize or Third Prize. Entrants do not need to be present at the Event’s Western Computer Booth during the random drawing to be eligible for a chance to win the Grand Prize. Employees of Dynamic Communities, Microsoft, Independent Software Vendors, and Microsoft Solutions Partners are not eligible to enter or win. Employees of Western Computer (the "Sponsor"), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void in Puerto Rico, Guam, the U.S. Virgin Islands, all other U.S. Territories & Possessions, outside the U.S., and wherever else prohibited by law.
Sweepstakes entrants (each, an “Entrant”) must have authority to participate in the Sweepstakes or have obtained such authority from an employer or a co-worker with the power to grant such authority, prior to participation in the Sweepstakes. By entering, each Entrant acknowledges and agrees that their participation in the Sweepstakes may be subject to, or prohibited or restricted by, his/her employer’s policies and regulations and that the Entrant is solely responsible for review of, and compliance with, any such policies or regulations of his/her employer. In avoidance of doubt, entry is made by the Entrant and any prize won would be awarded to the Entrant and not their employer.
Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Sweepstakes Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins at 5:30 PM Eastern Time (“ET”) on Tuesday, October 17, 2023 and ends at 3:30 PM ET on Thursday, October 19, 2023 (the “Sweepstakes Period”). Entries must be received during operating hours of the Western Computer booth area at the Event.
Limit: One (1) Entry per person. Although subsequent attempts to enter may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the property of the Sponsor and will not be returned or acknowledged. Sponsor is not responsible for lost, late, damaged, or misdirected entries.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Grand Prize: There is one (1) Grand Prize available to be won. One (1) Grand Prize winner (“Grand Prize Winner”) will receive a 2023 Ford Escape (the “Vehicle”). The ARV of the Grand Prize is $28,000.00. ARV is as of date of drafting these Official Rules. The difference in value of prize as stated herein and value at time of prize notification/award, if any, will not be awarded. Grand Prize Winner will be required to take delivery of Vehicle from the automobile dealership designated by the Sponsor. Sponsor shall use best efforts to select a dealership that is close to Grand Prize Winner’s primary residence. Vehicle may differ from what is depicted in Sweepstakes advertising. Vehicle will be available with standard equipment, as designated by the Sponsor; any upgrades and options may not be available and are at the sole expense of the winner. Color, package, factory options, and other prize specifics to be determined by Sponsor in its sole discretion and are subject to availability. Sponsor reserves the right, in its sole discretion, to require the Grand Prize Winner to select the Vehicle from available dealer stock. Grand Prize Winner shall bear all risk of loss or damage to the Vehicle after it has been delivered to the specified delivery site, if applicable. Grand Prize Winner will be responsible for any and all costs associated with the collection and use of the Vehicle, including but not limited to, optional equipment, freight and dealer prep, title, license, insurance, registration fees, applicable taxes and any travel and transportation costs associated with collecting the Vehicle. All other costs not specifically stated herein are the responsibility of the winner. Grand Prize Winner must personally retrieve the Vehicle within 30 days of written notification of delivery. Grand Prize Winner must have proof of a valid U.S. driver’s license from their State or place of residence in the United States and proof of insurance to take delivery of Vehicle; noncompliance may result in forfeiture of prize. Sponsor reserves the right to delay vehicle delivery or substitute a similar vehicle of equal value should the vehicle as described be unavailable for any reason. Vehicle prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.
Second Prize: There is one (1) Second Prize available to be won. One (1) Second Prize winner (the “Second Prize Winner”) will receive a Microsoft Surface Go 3 Tablet. The ARV of the Second Prize is $549.99.
Third Prize: There is one (1) Third Prize available to be won. One (1) Third Prize winner (the “Third Prize Winner”) will receive a Yeti Rolling Cooler. The ARV of the Third Prize is $450.00.
The total ARV of all prizes available to be won: $28,999.99. Odds of winning will depend upon the total number of eligible entries received. There is a limit of one (1) prize per person.
Grand Prize Winner, Second Prize Winner and Third Prize Winner are collectively referred to herein as “Winner” or “Winners”. Winners acknowledge that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that prize shall be subject to its manufacturer’s standard warranty (if any).
RANDOM DRAWINGS & WINNER VERIFICATION: The potential Winners will be selected in a series of random drawings from among all eligible entries received during the Sweepstakes Period by the Sponsor, whose decisions are final.
Third Prize Winner: The potential Third Prize Winner will be selected in a random drawing that will take place at the Western Computer Booth (the “Booth”) on Thursday, October 19, 2023 on or about 4:00 PM ET. The potential Third Prize Winner will be announced immediately following the random drawing and must be present at the Booth to claim the Third Prize. To claim the Third Prize, the potential Third Prize Winner must show a valid photo ID to confirm eligibility. If the potential Third Prize winner does not claim the Third Prize within one (1) minute after the winner announcement, or if the Third Prize Winner is found to be ineligible or not in compliance with these Official Rules, that winner will be disqualified and an alternate Third Prize Winner will be randomly selected. This winner selection and verification process will repeat until a Third Prize Winner claims the Third Prize, or after five (5) random drawings. If the Third Prize is not claimed after five (5) random drawings, the Third Prize will not be awarded.
Second Prize Winner: The potential Second Prize Winner will be selected in a random drawing that will take place at the Booth on Thursday, October 19, 2023 on or about 4:05 PM ET. The potential Second Prize Winner will be announced immediately following the random drawing and must be present at the Booth to claim the Second Prize. To claim the Second Prize, the potential Second Prize Winner must show a valid photo ID to confirm eligibility. If the potential Second Prize winner does not claim the Second Prize within one (1) minute after the winner announcement, or if the Second Prize Winner is found to be ineligible or not in compliance with these Official Rules, that winner will be disqualified and an alternate Second Prize Winner will be randomly selected. This winner selection and verification process will repeat until a Second Prize Winner claims the Second Prize, or after five (5) random drawings. If the Second Prize is not claimed after five (5) random drawings, the Second Prize will not be awarded.
Grand Prize Winner: The potential Grand Prize Winner will be selected in a random drawing that will take place at the Booth on Thursday, October 19, 2023 on or about 4:10 PM ET. The potential Grand Prize Winner will be announced immediately following the random drawing. The potential Grand Prize Winner is not required to be present at the Booth. On or about Friday, October 20, 2023 the potential Grand Prize Winner will be contacted by the Sweepstakes Administrator via email and/or phone, and will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the Grand Prize winner to furnish their Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected in a separate random drawing. The Grand Prize will be awarded within approximately 90 days after the winner is verified. If the Grand Prize notification is returned as undeliverable, or if the Grand Prize Winner is found to be ineligible or not in compliance with these Official Rules, that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. If Sponsor is unable to determine and verify a potential Grand Prize Winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s).
PRIZE CONDITIONS: Prizes are not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
The ARV of electronics prizes are 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. The difference of any such fluctuation will not be awarded to the winner.
SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY ASPECT OF ANY WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
Winners are responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize Winner will be required to furnish their Social Security Number for the sole purpose of preparation of tax forms as required by law.
PUBLICITY RELEASE: Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video recordings, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
GENERAL: Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Sweepstakes, and the acceptance and use/misuse of the prize offered. Participating entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Sweepstakes, acceptance, possession, or use/misuse of the prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, entrant (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER, VANDALIZE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Ventura County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Ventura County, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Ventura County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see https://www.westerncomputer.com/about/summit-2023-sweepstakes/ or send a self-addressed, stamped envelope by October 20, 2023, to: The Escape to the Cloud with Western Computer Sweepstakes Official Rules Request, PO Box 654, Social Circle, GA 30025-0654.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winners (available after October 20, 2023), send a stamped, self-addressed envelope (no later than November 20, 2023) to: The Escape to the Cloud with Western Computer Sweepstakes Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-0654.
SPONSOR: Western Computer, 351 Candelaria Road, Oxnard, California 93030.
SWEEPSTAKES ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044
All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.