Tesla Promotion Terms & Conditions
1. NO PURCHASE NECESSARY TO ENTER OR WIN .DO NOT ENTER IF YOU ARE NOT ELIGIBLE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED. OFFERED ONLY TO LEGAL RESIDENTS OF CERTAIN ELIGIBLE JURISDICTIONS AND WHO ARE AGE 21 YEARS OR OLDER.
2. THE PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED. These Official Promotion Rules (“Official Rules”) govern the SOFTwarfare Tesla promotion with Optiv Security. You must be (a) aged 21 years or older and a legal resident of the United States of America, (“Eligible Jurisdiction”); (b) you meet all of the Eligibility Requirements in Section 3 below; (c) you enter in accordance with all of the terms of these Official Rules; and (d) you will be able to provide the information and documentation necessary to claim the Prize (as defined below). By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
3. PROMOTION ELIGIBILITY REQUIREMENTS:
3.1. The Promotion is open to legal residents of the Eligible Jurisdiction at the time of entry, and who (a) are twenty-one (21) years of age or older at the time of entry; (b) possess a valid driver’s license or other official government-issued identification; and (c) are employed as sales representatives at Optiv Security.
3.2. Eligible entrants who (a) attend a product training and account mapping session with SOFTwarfare sales team, (b) register a minimum of 3 opportunities by October 31, 2020 (c) submit $100,000.00 USD in net purchase orders for SOFTwarfare products by December 31, 2020 at 5 pm Central Standard Time (“CST”) will receive one entry (“Contest Entry”). Contest prize will be awarded once SOFTwarfare is paid in full for submitted purchase orders by Optiv.
3.3 The promotion is limited to the first 5 eligible entries.
3.4 The employees, officers and directors of SOFTwarfare are not eligible to participate in the Promotion. (all of the foregoing collectively, the “Promotion Entities”). In addition to the employees, officers and directors of, the Promotion Entities, the members of their immediate families (parents, children including step-children, siblings, and spouse) and persons living in the same households of any of the foregoing individuals (whether related or not) are not eligible to participate in the Promotions.The Sponsor reserves the right, in its sole and absolute discretion, to require proof of eligibility, to make the final decision on eligibility, and to reject individuals who fail to meet these eligibility requirements.
4. DATES OF PROMOTION:
4.1. The Contest period begins on July 14, 2020 at 11 am CST (“Start Date”) and ends December 31, 2020 at 5 pm CST (such period, the “Contest Period”).
4.2.If the potential winner does not respond to Sponsor’s reasonable attempts to contact him or her after the Award Date, fails to qualify to claim the Prize, or cannot or will not accept the Prize for any reason, they will forfeit the Prize (after Sponsor’s determination that the prior potential winner was not located or failed to accept or qualify to claim the Prize). Sponsor’s reasonable attempts to contact the potential Prize winner shall be deemed to be satisfied by a combination of one or more attempts via postal service, telephone calls and/or emails to the contact information provided by the potential Prize winner.
5.1. Contest winners (“Contest Winner”) will have the option to either (but only one): (a) receive a new, then-current model year Model 3 Tesla with factory standard equipment (“Contest Vehicle Prize”) having a Manufacturer’s Suggested Retail Price in the USA (“MSRP”) of no greater than $45,900.00, (b) receive an equivalent cash prize of $40,000.00 (“Contest Cash Prize”); or (c) have a donation from Sponsor in the amount of $40,000.00 made to a qualified, 503(c) charitable organization (“Qualified Charity”) of the Contest Winner’s choosing in Winner’s name or in Sponsor’s name on behalf of Winner as may be required by law or for tax purposes. Such Contest Vehicle Prize, Contest Cash Prize, or donation is a “Contest Prize”. No other prize substitution or cash alternative is offered, except at Sponsor’s sole discretion or as otherwise provided herein.
5.2. Each Contest Prize is a “Prize”. Should the Contest Winner not claim their Prize before the end of five (5) business days from date of the initial Prize notification, the Prize will be forfeited.
5.3. Claiming Contest Prize. Within twenty (20) days of being notified by the Sponsor in writing that he or she is the an official Contest Winner, the Contest Winner must provide his or her irrevocable and non-cancellable selection of either the Contest Vehicle Prize, the Contest Cash Prize, or the donation to a Qualified Charity, to Sponsor in writing. Within twenty (20) days of Sponsor receiving such written prize selection notification, either (a) if the Contest Cash Prize option is selected by the Contest Winner, then Sponsor or an affiliate shall wire transfer to Contest Winner the amount the Contest Cash Prize to the Contest Winner’s designated U.S. Dollar-denominated bank account; or (b) if the donation to a Qualified Charity option is selected by the Contest Winner, then Sponsor or an affiliate shall wire transfer to the designated Qualified Charity the amount of up to $40,000.00 to the designated Qualified Charity’s designated U.S. Dollar-denominated bank account; or (c) if the Contest Vehicle Prize option is selected by the Contest Winner, Contest Winner shall, within sixty (60) days from the date of receipt by Sponsor of his or her written prize selection notification, order from an authorized Tesla dealer (“Dealer”), the Contest Vehicle Prize of winner’s choice from either the Dealer’s available inventory or by custom ordering, subject to the following terms. The interior and exterior color selections and all options and upgrades of the Contest Vehicle Prize will be the sole responsibility of the Contest Vehicle Prize winner. The vehicle(s) shown in the Contest promotional materials, whether virtually (including online), physically, or otherwise, are merely representative of the Contest Vehicle Prize. Upon completion of the order by Contest Vehicle Prize winner and the Dealer’s notification to Sponsor of Dealer’s acceptance thereof, Sponsor shall pay the Dealer no more than $45,900.00 (subject to the following three sentences) in accordance with its agreement with the Dealer, as a credit to Contest Vehicle Prize winner’s order account with the Dealer. In no way will Sponsor be responsible for paying more than $45,900.00 to Dealer for payment for the Contest Vehicle Prize. In the event that the Contest Vehicle Prize winner orders a Contest Vehicle Prize with a total cost of LESS than $45,900.00, Sponsor is under no obligation to pay the difference to the Contest Vehicle Prize winner or the Dealer. Furthermore, in the event that the Contest Vehicle Prize winner orders a Contest Vehicle Prize with a total cost of MORE than $45,900.00, the Contest Vehicle Prize winner is solely responsible and hereby irrevocably agrees to pay the difference directly to the Dealer and the Contest Vehicle Prize winner hereby indemnifies, releases and holds harmless the Sponsor and the Contest Entities from any and all liability, for any damages, injuries, or losses of any kind for the Contest Vehicle Prize winner’s failure to pay such additional amounts owed to the Dealer. The Sponsor is not responsible for Contest Vehicle Prize winners not being able to take delivery of the Contest Vehicle Prize for any reason (including but not limited to regulatory, import/export, taxes and any other laws and rules). The Contest Vehicle Prize is subject to change without notice if the Contest Vehicle Prize is or becomes unavailable due to reasons beyond the control of the Sponsor (entrant acknowledges, agrees and accepts that as of the start of the Promotion Period, Tesla may not have commenced manufacturing or delivery of the Contest Vehicle Prize), but it will be substituted with a vehicle prize of equal value. The total MSRP of the Contest Vehicle Prize will not exceed $45,900.00. The Contest Vehicle Prize winner acknowledges, agrees and accepts that the manufacture, availability, waiting list times, delivery times and other aspects of the Contest Vehicle Prize are solely in the control of Tesla and its dealers (including the Dealer), suppliers and agents, and it may take a substantial amount of time for Tesla to manufacture and for Tesla and/or the Dealer to deliver the Contest Vehicle Prize to the Contest Vehicle Prize winner. THE SPONSOR AND CONTEST ENTITIES ASSUME NO RESPONSIBILITY FOR, AND THE CONTEST VEHICLE PRIZE WINNER SHALL LOOK SOLELY TO TESLA AND/OR THE DEALER WITH RESPECT TO, AVAILABILITY, WAITING LIST AND DELIVERY TIMES, AND ANY DELAYS.
5.4. Prizes may not be assigned, transferred, or exchanged. No substitution may be requested or is offered for a Prize, except Sponsor reserves the right in its sole discretion to make a substitution, in whole or in part, for a prize of comparable or equal value. Winner is responsible for paying all taxes (including title, licenses fees, and finance and other fees, charges, and costs, if any) on a Prize, and any expenses not specified relating to the acceptance and use of a Prize. An IRS Form 1099 or similar tax reporting document will be issued to Winner.
5.5. Winner will be notified by a traceable form of delivery and e-mail or telephone. Winner will be required to provide within a specified time period: (i) a photocopy of a valid photo ID (driver’s license, passport, or other form of identification and proof of age); (ii) a completed and signed Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release; (iii) a consent for Sponsor to use Winner’s likeness and name, in whole or in part and as edited by Sponsor, in all media for commercial and other uses without additional compensation to, attribution to, or prior review by the winner. Failure to return the required documents in a timely way, or the return of any notification as undeliverable for any reason, will cause the entry to be void. If applicable, the winner shall promptly notify Sponsor in writing (email acceptable) of the Qualified Charity selected to receive the donation. The Qualified Charity will be contacted directly by Sponsor regarding the donation. Sponsor, not winner, will be the party in whose name the donation is made.
5.6. By participating in the Promotion, entrants: (a) agree to these Official Rules and to the decisions of the Sponsor and its agents in all matters relating to the Promotion, which decisions shall be final in all respects; (b) automatically confer on Sponsor an irrevocable, non-exclusive, perpetual, royalty-free, worldwide, fully paid-up, assignable license to use his or her name, photograph, likeness, statements, biographical information, voice, voice likeness, city and state address, and to use, reproduce, display, modify, and create derivative works of all or any portion thereof for advertising, publicity and promotional purposes in all media without limitation, in perpetuity, without further notice or compensation (except to the extent prohibited by law) and agree to execute specific consent to such use upon request. Unless otherwise prohibited by applicable law, the Winner may be required to participate (at Sponsor’s expense) in, and hereby irrevocably consents to the use of his or her name and likeness in, post-contest publicity promotions by the Sponsor. The winner will not receive any further compensation for such participation or use of his or her likeness.
6. DISQUALIFICATION AND OTHER TERMS. Any attempt by an entrant to enter more than the stated number of Contest Entries allowed by using multiple/different email addresses, identities, registrations, logins, and/or any other methods, including, but not limited to, automated entry, will void all of that entrant’s entries and that entrant shall be disqualified from the Promotion. Entry must be made by the entrant only at the authorized Website or authorized event(s). Entrants found tampering with or abusing any aspect of this Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above abuses, Sponsor reserves the right to immediately terminate entrant’s eligibility to participate in the Promotion. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to notify appropriate law enforcement and to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to terminate, cancel, suspend, and/or modify the Promotion if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Promotion, as determined by Sponsor in its sole discretion. In such an event, the Sponsor also reserves the right, but not the obligation, to award the Prizes from among the valid and eligible, non-suspect Entries received up to the time of the impairment.
7.1. By participating in the Promotion, entrants, on behalf of themselves and their heirs, executors, administrators, successors and assigns, hereby knowingly and voluntarily agree to release, indemnify, and hold harmless the Sponsor and the Promotion Entities, and their respective officers, directors, employees, successors and assignees, from and against any and all claims, cause of action, liabilities, losses or damages of any kind whatsoever arising out of participation in the Promotion or receipt or use of the Prize, including, but not limited to: (a) the infringement of intellectual property rights of others, resulting in whole or in part from their participation in the Promotion and the acceptance and use of the Prize; (b) entrant’s breach of these Promotion Rules; (c) unauthorized human or technological intervention in the Promotion; (d) technical errors related to computers, servers, or telephone, data or network lines and/or service providers; (e) printing errors (whether in hardcopy or in emails or on web pages); (f) lost, late, postage-due, misdirected, or undeliverable entries, mail or wire transfers; (g) errors in the administration of the Promotion or the processing of entries; or (h) 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 of any Prize. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by mobile application or website users, or by any equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Sponsor’s applications or websites.
7.2. Participants agree that Sponsor and its agents are not responsible for late, lost or misdirected entries or mail, or for error, omission, interruption, deletion, defect, delay in transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure of Sponsor and its agents to receive entries for any reason whatsoever. In the event Sponsor determines that the integrity of a Promotion has been impaired or corrupted for any reason and as a result cannot be offered or completed as planned, Sponsor reserves the right in its sole discretion to cancel or terminate the Promotion and to select winners from among eligible Entries legitimately received prior to the event causing cancellation or termination; and notice of cancellation will be posted at the Website.
8. WARRANTY DISCLAIMER, LIMITATIONS OF LIABILITY. EVERYTHING IN AND ON SPONSOR’S MATERIALS, WEBSITES AND APPLICATIONS IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER, SPONSOR MAKES NO REPRESENTATION THAT MATERIALS ON ITS WEBSITES RELATING TO THE PROMOTION ARE APPROPRIATE OR AVAILABLE FOR USE AT ALL TIMES. IT IS ENTRANT’S RESPONSIBILITY TO ENSURE THAT ACCESSING SPONSOR’S WEBSITES AND APPLICATIONS AND ENTERING THE PROMOTION IS LEGAL AND NOT PROHIBITED OR RESTRICTED BY THE LAWS OF THE JURISDICTION IN WHICH ENTRANT IS A CITIZEN OR RESIDENT. NEITHER THE SPONSOR NOR ANY PROMOTION ENTITY SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE PROMOTION, ANY SUBMISSION OR USE OF THE SUBMISSION, OR ANY CONTENT EMBODIED THEREIN, INCLUDING WITHOUT LIMITATION ANY LIABILITY, LOSS, INJURY OR DAMAGE TO ENTRANT OR ANY OTHER PERSON OR ENTITY, INCLUDING PERSONAL INJURY OR DEATH, OR DAMAGE TO PERSONAL OR REAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF ENTRANT’S ENTRY IN THE PROMOTION, THE USE OF ANY SUBMISSION, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE.
10. PROMOTION ADMINISTRATION; GOVERNING LAW. Sponsor reserves the right to correct, and Sponsor is not responsible for, any typographical or other error in the printing of these Official Rules, the advertising or administration of the Promotion, or in the announcement of Prize winner, including such error as may give an erroneous indication that a Prize has been won. In the event the Sponsor is prevented for any reason from continuing with this Promotion, or the integrity and/or feasibility of a Promotion is undermined by any event, including but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any government, economic area, federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event) the Sponsor shall have the right, in its sole discretion, to modify, abbreviate, suspend, cancel or terminate the Promotion without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate, cancel or terminate the Promotion as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award Prizes from among all valid and eligible Entries received up to the time of the occurrence of such Force Majeure event. By entering the Promotion, entrants agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Promotion, will be governed by, and construed in accordance with, the laws of the State of Kansas, USA without giving effect to any choice of law or conflict of law rules, and any matters or proceedings shall take place in the State of Kansas, USA. By entering, entrants consent to jurisdiction and venue of the federal, state, and local courts in Prairie Village, county of Johnson, Kansas USA.
11. SPONSOR. The Sponsor is SOFTwarfare, LLC located at 7301 Mission Road, Suit 141, Prairie Village, Kansas 66208. The name of the winners and Qualified Charities receiving a donation (if applicable) will be available on or about five (5) business days after their selection. The name of the winner will be posted when verified. For the names of the winner or Qualified Charity(ies) receiving a donation (if applicable) write the Sponsor at SOFTwarfare 7301 Mission Road, Suit 141, Prairie Village, Kansas 66208, Attention: Tesla Contest.