NUTANIX TEST DRIVE GIVE AWAY – OFFICIAL RULES
- Eligibility: Nutanix test drive of cloud and hyperconverged infrastructure solutions Contest (the “Contest”) is open to prospective Nutanix, Inc. (“Nutanix”) end customers and existing Nutanix end customers who are legal residents of the United States and who are age eighteen (18) or older (“Eligible Entrant”). Residents outside of the United States are not eligible for this Contest. Employees of Nutanix, Inc. and its affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Nutanix through an outsourcer or temporary employment agency, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Contest. Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules. VOID WHERE PROHIBITED.
- To Enter: Eligible Entrants participating in a free test drive of Nutanix cloud and hyperconverged infrastructure solutions by visiting https://www.nutanix.com/marketplace beginning June 24, 2020, and no later than July 20, 2020, (“Contest Period”).
- Prizes: The maximum of three Eligible Entrant who have registered for the Contest and have participated in the Contest will have a chance to win an Apple AirPod Pro (retail value of USD $250.00). Winners will be announced on July 27, 2020. Eligible Entrants agree that any prize is for the benefit of and for use by Eligible Entrant and is not transferable by any winner to any other person or entity.
- Odds: The odds of winning a Prize depend on the total number of eligible entries during the Contest Period.
- Notification of Winners: Winners will be notified by e-mail within five (5) business days of July 27, 2020. If a prize winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. No automatically generated entries will be accepted.
- Indemnity and Limitation of Liability: By entering the Contest, you further agree to release, indemnify, defend and hold Nutanix and its affiliates, subsidiaries, directors, officers, employees, and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Contest, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Contest or acceptance or use of a prize or parts thereof, including, without limitation, (a) any condition caused by events beyond Nutanix’s control that may cause the Contest to be disrupted or corrupted; (b) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; and (c) any printing or typographical errors in any materials associated with the Contest. Winners agree to be bound by these Official Rules, and Nutanix’s decisions in all respects relative to the Contest are final.
- IN NO EVENT WILL NUTANIX BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT NUTANIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- General Rules: By entering the Contest: (i) you represent and warrant that by entering into or winning this Contest that you are not in violation of your employer’s policies, rules or regulations; and (ii) you agree to be bound by these Official Rules. The Contest is offered by Nutanix, which is not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or otherwise; or (ii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
Except where prohibited, by winning any prize, winner consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to winner (if true) for advertising and promotional purposes, including without limitation, inclusion in Nutanix’s newsletters, the Contest website at: https://www.nutanix.com/go/test-drive-hyperconverged-infrastructure-promo. Allow 6-8 weeks for delivery of prizes.
Nutanix reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to the entrant or entrant’s employer. Nutanix reserves the right to disqualify any entrant or winner, as determined by Nutanix, in its sole discretion. The Contest is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Contest is void where prohibited or restricted by law. By participating in this Contest, you acknowledge that you have read these official Rules and agree to abide by them and by the decisions of Nutanix, which are final and binding on all matters pertaining to the Contest. These Official Rules are governed by the laws of the State of California, excluding rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Contest or these Official Rules must be brought in either the federal courts located in the Northern district of California or the state courts located in Santa Clara County, California.
- Winner’s List, Official Rules: For the name of the prize winner or a copy of these Official Rules, send your request and a stamped, self-addressed envelope to Nutanix Test Drive Contest, Marketing Programs, Nutanix, 1740 Technology Drive, Suite 150, San Jose, CA 95110.
- Nutanix Address: 1740 Technology Drive, Suite 150, San Jose, CA 95110.