May 2019 UserTesting Community Facebook Referral Contest Official Rules

UserTesting Community Facebook Referral Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

The UserTesting Community Facebook Referral Contest (the "Referral Contest”) starts on May 9, 2019, at 2:00PM Pacific Time (“PT”) and ends on May 26, 2019, at 11:59PM PT (“Contest Period”).

ELIGIBILITY: Contest is open to legal residents of the 50 Unites States and the District of Columbia, Canada (excluding Quebec) and the United Kingdom, who are 18 years of age or the age of legal majority in their jurisdiction of residence, whichever is older, at the time of entry and who are the direct and intended recipient of a Contest invitation email from Sponsor. Employees of User Testing, Inc. (“Sponsor”) and its parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate families (spouse and parents, children and siblings and each of their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void in Quebec and where prohibited by law. Contest is subject to all applicable federal, state, provincial and local laws.

HOW TO ENTER: During the Contest Period, if you are a member of the UserTesting Panel Community, visit the UserTesting Community Facebook Page (https://www.facebook.com/usertesters) and share the specified post with "SHARE ME" icon to participate in the contest and receive one (1) entry. Make sure to adjust your settings to make the post PUBLIC on your timeline. You must share the specified post from the official webpage for your entry to quality. All entries must be received by 11:59PM PT on April 22, 2019, to be eligible. All entries become the sole property of the Sponsor and will not be returned. Entries generated by script, macro, or other automated means and entries by any means which subvert the entry process are void. Limit one (1) entry per person and per email address throughout the Contest Period. You may only use one (1) email address to enter this Contest. Entries received from any person or e-mail address in excess of the above-stated limitation will be void.

RANDOM DRAWING: On or about 5:00PM Pacific Time on April 23, 2019, at 2672 Bayshore Parkway, Suite 703, Mountain View, CA 94043, Sponsor will select the two (2) comments from among all eligible entries received throughout the Contest Period to select two (2) potential winners. Odds of winning depend on the number of eligible entries received.

WINNER NOTIFICATION: Potential winners will be notified by mail, phone, and/or e-mail and may be required to execute and return an affidavit/declaration of eligibility, a liability release and, where lawful, a publicity release within 30 days of date of issuance. If a potential winner is a Canadian resident, he/she will be required to correctly answer Sponsor’s time-limited mathematical skill-testing question (administered by telephone or via declaration of eligibility form) without assistance of mechanical or electronic aid, prior to being declared the actual winner. If documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, or if skill-testing question is answered incorrectly (if applicable), prize will be forfeited and, at Sponsor’s discretion, an alternate potential winner may be selected by random drawing from among all remaining eligible entries received.

PRIZES: A USD $25.00 deposit to your registered PayPal account. Approximate Retail Value (“ARV”): USD $25.00 each. Total ARV of all prizes: USD $50.00.

PRIZE CONDITIONS: Gift cards are subject to certain terms and conditions as specified by issuer. All federal, state provincial, local, withholding and incomes taxes, if any, and all other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of each winner. In the event that any tax withholding is required by law for a prize, each winner authorizes Sponsor to make the corresponding deduction. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. No substitution, assignment, transfer, or cash equivalent of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. All prize details are at Sponsor’s sole discretion.

GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor and its respective parent, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any prize (or portion thereof); and (c) to the use of his/her name, voice, performance, photograph, caption, entry, and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion. Submitted photo entries may be publicly displayed on the UserTesting Community Facebook page.

PERSONAL DATA: By participating in the Referral Contest, you authorize the transfer of the following information: your name, postal address, email address, and any other information submitted as part of your entry (collectively, “Personal Information”) from your location to the United States for purposes of administering the Contest. Residents of the United Kingdom should understand that their data will be transferred outside of the European Union to the United States, which does not provide an adequate level of protection according to EU data protection regulations and privacy laws. Sponsor will not share Personal Information with any third party, nor attempt to contact you, unless you have agreed to receive further information from Sponsor, or for winner notification (if applicable). Your Personal Information will be retained only as long as is reasonable to administer this Contest. You have a right to access, modify and withdraw your Personal Information. You also have the right of opposition to the collection of Personal Information, under certain circumstances. To exercise such right, you may write to: UserTesting Facebook Community Contest, 2672 Bayshore Parkway, Suite 703, Mountain View, CA 94043, which will hold all Personal Information collected for the Contest at the aforementioned address. For a copy of the Sponsor’s Privacy, please visit https://www.usertesting.com/privacy-policy-tester. In the event of a dispute between these Official Rules and the Sponsor’s Privacy Policy, these Official Rules shall prevail.

MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, illegible, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled entries, surveys or emails, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, surveys or emails, the announcement of the prizes, or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries or surveys, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest (or portion thereof) and, if terminated, at its discretion, select the potential winners in a random drawing from among all non-suspect, eligible entries received prior to action taken. Should multiple users of the same email account enter the Contest and a dispute arises regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be deemed the entrant and must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned an email address by an Internet Service Provider (ISP), on-line service provider or other organization, which is responsible for assigning email addresses from the domain associated with the submitted email address. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California. The Parties hereby submit to the exclusive jurisdiction and venue in the United States District Court for the District of Northern California or in the state courts with competent jurisdiction located in Santa Clara, California, and agree to have any action or proceeding between the Parties or their successors, or upon, concerning, or related to this Agreement, any Order(s), the Official Rules or any other agreement, transaction or dealing between the Parties, heard by a judge of such courts. Accordingly, the Parties waive their right to trial by jury in any such action or proceeding.

REQUEST FOR WINNERS’ NAMES: For the names of the winners (available after May 2, 2019) send a self-addressed, stamped, envelope by May 2, 2019, to: UserTesting Community Contest, Winners’ List, 2672 Bayshore Parkway, Suite 703. Mountain View, CA 94043.

SPONSOR: User Testing, Inc., 2672 Bayshore Parkway, Suite 703, Mountain View, CA 94043