The Fine Print
NO PURCHASE OR PARTICIPATION
OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE OR PARTICIPATION
WILL NOT IMPROVE YOUR CHANCES OF WINNING.
2010 UBM Ultimate Network Challenge Excellence Awards Contest
Official Rules
HOW TO ENTER
To enter, submit your Ultimate Network Challenge entry (the "Entry") by completing the submission form online at www.ultimate-network-challenge.networkcomputing.com and following the instructions on the site (the "Contest Web Site"). All required fields must be completed in order for the submission to be valid. Required fields are noted on the submission form. The contest (the "Contest") is governed by these Official Rules, as well as by the laws of the State of New York and applicable United States federal law, without regard to any conflicts of laws principles. The Contest is void where prohibited or restricted by law. This Contest is sponsored by Brocade Communications Systems, Inc. a Delaware corporation, with its principal place of business at 1745 Technology Drive, San Jose, California 95110 ("Brocade"), and is being co-sponsored by UBM TechWeb, a division of United Business Media LLC, a Delaware limited liability company with a place of business at 600 Community Drive, Manhasset, New York 11030 ("UBM"), (collectively "Sponsors") By entering the Contest, each entrant agrees to abide by the terms of these Official Rules and by the decisions of Sponsors, which are final and binding on all matters pertaining to the contest. The Contest is being run in connection with UBM's web site located at www.ultimate-network-challenge.networkcomputing.com and is therefore also governed by UBM's Terms of Service and Privacy Statement, as well as other policies pertaining to the UBM contest web site (the "Contest Web Site"). These Official Rules will govern any conflict between any of the Contest Web Site policies and these Official Rules. The Web Site policies may be viewed on the Contest Web Site.
Before entering, all Contestants must use the online Contest registration form available on the Contest Website to register for this Contest prior to the entry deadline. Each Contestant must submit a completed registration form before submitting any other entries ("Entries"). The Entries may be essays of up to a maximum of 500 words in length about the Contestant's positive experiences with Brocade's products in any of three categories: (1) High Performance IP Networks, (2) Next Generation Software, and (3) Advanced Convergence Application. Contestants may submit one (1) entry only per category. The Entry will describe (1) the business challenge and why the entrant's solution was innovative, (2) the network, storage or application solution used, and (3) how the end user measured success (for example: increased revenue, improved performance, reduced operating costs, improved utilization or energy efficiency, or return on investment through use of the Brocade Products. Applicable Brocade products include: DCX Backbones, Director, ServerIron ADX, Ethernet Switches, SAN Switches, SAN Extension, Management Software, Server Connectivity and CEE/FCoE. All registration forms and Entries must be in the English language only or must be accompanied by an accurate English translation. Sponsors will not be responsible for, and may reject in their sole and absolute discretion, any misdirected, incomplete, illegible, garbled, corrupt, late, lost, ineligible, or non-conforming registration forms and Entries that have been tampered with by any person. Proof of transmission of any forms or Entries shall not constitute proof of receipt.
Entries made on the Contest Website will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. In the event of a dispute, any Contestant may be required to provide proof that he or she is the authorized account holder of the e-mail address associated with that Entry. It is each Contestant's responsibility to keep Sponsors informed of any changes to Contestant's contact or other information during the Contest.
To enter, each potential entrant must submit their Entry and registration information to www.ultimate-network-challenge.networkcomputing.com beginning on June 3, 2010 at 10 a.m. EDT Alternatively, send the completed submission form, your name, company, address (specify home or business), telephone number (specify home or business) and e-mail address to 2010 Ultimate Network Challenge Awards, United Business Media LLC, 600 Community Drive, Manhasset, NY 11030 Attention: Patricia Schnaidt. Contest begins June 3, 2010 at 9:00 a.m. EDT. CONTEST IS OPEN TO ALL CURRENT CLIENTS OF BROCADE WHO (1) have internet access on or before June 3, 2010 and (2) HAVE ACCESS TO AND USE OF BROCADE'S HIGH PERFORMANCE IP NETWORKS, NEXT GENERATION SOFTWARE, OR ADVANCE CONVERGENCE APPLICATIONS (THE "Brocade Products") ON OR BEFORE JUNE 3, 2010, AND WHO HAVE HAD THE SYSTEM AND/OR SOFTWARE INSTALLED ON OR AFTER JANUARY 1, 2008. The Contest ends on August 6, 2010. All Entries must be received on or before 11:59 p.m. EDT on August 6, 2010.
CONTEST OVERVIEW
Any individual may enter the Contest (each a "Contestant") by registering on the contest website located at www.ultimate-network-challenge.networkcomputing.com and submitting through the Contest Website an Entry into one of three (3) categories as listed below:
- High Performance IP Networks;
- Next Generation Software; and
- Advanced Convergence Application
Entries must be no longer than 500 words and should detail the Contestant's positive experiences with any of the above-referenced Brocade Products. The entry should detail the business challenge the entrant faced and why the solution was innovative; the network, storage or application solution installed; and how the organization measured success, such as increased revenue, improved performance, reduced operating expenses, improved IT utilization, improved energy efficiency, or return on investment.
By entering the Contest, each Contestant agrees to abide by the terms of these Official Rules, the terms of any terms of use, or other users of the Contest Website (collectively, the "Policies"), and by the decisions of the Sponsors and the Judges (as defined below), which are final and binding on all matters pertaining to the Contest. In order to be eligible to compete in the Contest, each Contestant must meet all qualifications set forth in these Official Rules and any Policies. These Official Rules will control over any conflicting provisions in any Policies.
Additional information on Entry requirements and criteria is provided on the Contest Website.
The Sponsors will select one winning Grand Prize Entry in each of the three categories, which will be determined by a panel consisting of one (1) Network Computing judge, one (1) United Business Media LLC ("UBM") judge, and one (1) Brocade judge ("Brocade") (collectively, the "Judges"). Winners must describe their experiences in using the Brocade Products in order to be selected as a winner. Essays will be judged on the following criteria: innovative solution to the business problem; use of Brocade Products; and organization's metrics for success. The judges may request additional information from any of the Entrants prior to making a determination.
All eligible Contestants who submit a valid Entry will receive five (5) t-shirts each.
GRANT OF RIGHTS
Each Contestant hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsors, their successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Entry for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Contestants may be required to provide the original Entry to Sponsors upon request. Sponsors shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entries for any purpose which Sponsors deem necessary or desirable, and each Contestant irrevocably waives any and all so-called moral rights they may have therein. Each Contestant hereby acknowledges that such Contestant does not reserve any rights in or to the Entry.
Each of the three (3) categories will have one Grand Prize winner. The Grand Prize Entry in each category will be selected as a 2010 Ultimate Network Challenge Award winner for each category from among all valid entries submitted. All eligible winners will be announced on or about September 20, 2010. One (1) Grand Prize winner will be selected in each of the following three (3) categories:
- High-Performance IP Networks
- Next-Generation Storage
- Advanced Convergence Applications
NOTIFICATION
One (1) Grand Prize winner will be selected from each of three (3) categories by a panel of judges (the "Judges") comprised of representatives from Network Computing, UBM TechWeb,and Brocade who submit a qualified Entry to the Web Site. The potential winners will be notified by mail, email and/or telephone on or about September 20, 2010. The odds of winning are determined by the total number of eligible entries received. All decisions by the Sponsors relating to the Contest will be final and binding on the participants.
Winners will be required to respond to the prize notification within the time specified in the notification and may be required to: (1) provide his or her full mailing address for the purpose of receiving the prize(s), which address must be within the 50 United States (excluding Puerto Rico) or Canada (excluding Quebec); (2) sign and return a release of liability, declaration of eligibility, and, where lawful, a publicity release, upon Sponsor's request; (3) verify his or her social security number or other taxpayer identification number; and (4) take possession of the prize(s) in the manner specified by Sponsors. In addition, selected Canadian entrants must first correctly answer a time-limited mathematical skill testing question administered by telephone in order to claim a prize. If the above requirements are not met, the prize(s) may be awarded to a replacement winner or winners drawn at random from the pool of remaining eligible entries. The replacement winner(s) will need to satisfy all of the requirements of these Official Rules. This process will be repeated until the prize(s) are awarded in full.
RULES FOR ELIGIBILITY
This promotion is offered and open only to legal residents of the United States of America (excluding Puerto Rico), and Canada (excluding Quebec), who: (1) are 18 years or older at the time of entry, (2) have access to the Internet by June 3, 2010, and (3) have had access and use of the Brocade Products on or after January 1, 2008. Employees, officers and directors of Sponsors, and their parents, affiliates, subsidiaries, advertising, public relations, and promotion agencies, Webmasters/suppliers and members of the immediate family (spouse, children, siblings, parents), and persons living in the same household (whether or not related) of any said employee, officer or director are ineligible to enter or win. By participating, entrants agree to these Official Rules and the decisions of the Sponsors which are final and binding in all respects. Void where prohibited.
Only one (1) entry per category via any means of entry per person, e-mail address, or household is permitted. Late, incomplete, computer-generated script, or other automated entries are not eligible and are void. In addition, entries that have been tampered with or altered are not eligible and are void. Entries made on the Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. In the event of a dispute, a potential winner may be required to provide proof that the potential winner is the authorized account holder of the e-mail address associated with the potentially winning entry. It is the sole responsibility of each entrant to notify Sponsors in the event of a change in e-mail address or other contact information. Sponsors are not responsible for network, modem, or other equipment failures or for incomplete, garbled, or delayed entries, however caused.
A maximum of one entry per category is permitted.
THE SPONSORS RESERVE THE RIGHT TO REJECT OR DISQUALIFY ANY PERSON IF, IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSORS, IF: (I) THE PERSON'S PARTICIPATION IN THE CONTEST IS OR MAY BE PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW, (II) THE PERSON FAILS TO COMPLY WITH THESE OFFICIAL RULES, ANY POLICIES, OR ANY LAWS IN ANY RESPECT; (III) ACONTESTANT'S ENTRY IS SUBMITTED IN VIOLATION OF THEIR COMPANY'S POLICY; OR (IV) THE PERSON TAMPERS WITH THE ENTRY PROCESS, THE OPERATION OF THE CONTEST, THE CONTEST WEBSITE, COMMUNICATES WITH THE JUDGES IN ANY MANNER WHICH IS DEEMED IN THEIR SOLE DISCRETION TO BE HARASSING, OR OTHERWISE ACTS IN AN UNSPORTING OR DISRUPTIVE MANNER OR WITH INTENT TO ANNOY OR HARASS ANY PERSON, INCLUDING BUT NOT LIMITED TO OTHER CONTESTANTS OR JUDGES. SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. IF AN ENTRY THAT WOULD HAVE OTHERWISE RECEIVED A PRIZE IS REJECTED OR DISQUALIFIED, THE SPONSORS MAY, BUT ARE NOT RERQUIRED TO, SELECT AN ALTERNATE WINNING ENTRY FROM THE REMAINING ENTRIES.
SELECTION PROCESS
The panel of Judges will evaluate Entries based upon the essay testimonials which best describe how Brocade's products have helped them. Analysis of Brocade's products may include descriptions of cost savings, innovation, how the storage or network system solves problems for end users, and energy efficiency, among other topics.
Contest winners will be selected based on the quality of the 500 word essays, not randomly. The following factors will be sued by the Judges to determine winners, with each factor given substantially equal weight: creativity, description, usefulness and technical complexity of product analysis.
In the event of a tie during any Phase of the Contest, the Sponsors will make the final decision, in their sole and absolute discretion, using one or more of the selection criteria set forth above.
The Judges may request additional information from any of the Contestants prior to making a determination. The winners of the Contest will be notified by mail, e-mail, and/or telephone in the sole discretion of the Sponsors.
PRIZE(S)
All eligible entrants who submit a valid entry will automatically win five (5) t-shirts with an approximate retail value of $5.00 each.
Grand Prize Winner
One (1) eligible Grand Prize winner in each of the three (3) categories will win:
- Round-trip Travel and Hotel Accommodations (United States and Canada only) to the "Building Connections, Building Networks" Brocade Conference 2011 in Las Vegas, NV, with arrangements to be made by Brocade's appointed travel agency.
The total approximate retail value is estimated to be between $1,200- $1,500 US, depending on the city of original and location of the Brocade 2011 event.
All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. If the closest airport to a prize winner's home is in close enough proximity to prize destination city so that, as Sponsors may determine in their sole discretion, a flight is unnecessary, such prize winner will receive alternate transportation from the Sponsors with no further obligation to the winner. Prize winners will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV in these Official Rules. Sponsors reserve the right to structure the travel route at their sole discretion. If a prize winner is unable to participate in the trip during the dates designated by Sponsors, or is unsuited to travel due to physical and/or emotional health-related issues, the Sponsors reserve the right to disqualify the applicable prize winner. In the event the prize winners are able to participate in the trip during the dates designated by Sponsors but the Brocade conference in 2011 does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, or for any other reason, then the Sponsors reserve the right to award the remainder of the prizes minus the airfare with no further obligation to the winner. Excepting the preceding sentence, no cash alternative or prize substitutions will be allowed, except that Sponsors reserve the right to substitute prize(s) of comparable value if a prize listed or any portion thereof is unavailable for any reason. Expenses not stated are solely the winner's responsibility.
One Grand Prize winner from each of the three (3) categories will also win:
One (1) statue each,
With an approximate retail value of $100 (One hundred dollars US)
Total approximate retail value of all statues: $300 (Three hundred dollars US)
One Grand Prize winner from each of the three (3) categories will also win:
One (1) poster announcing their winning entry, which will be displayed at the 2011 Brocade Conference
With an approximate retail value of $10 (Ten dollars US)
Total approximate retail value of all posters: $30 (Thirty dollars US)
Exclusive of the values of the t-shirt giveaways, the approximate range of the total approximate retail value of all prizes to be awarded in the Contest is between $1530 (One thousand five hundred and thirty dollars US) and $1830.00 (One thousand eight hundred and thirty dollars US).
One (1) Grand Prize, consisting of round trip airfare to and from the Brocade event, hotel accommodations and conference pass to "Building Networks, Building Connections" Brocade Conference 2010, one (1) statue and one (1) poster (collectively, the "Grand Prize") will be awarded to one eligible winner in each of three (3) categories. In the event of unavailability of a stated prize, Sponsor reserves the right to substitute items of equal or greater value. Prizes are not transferable, exchangeable, or redeemable for cash. Reporting and payment of any federal, state, provincial, local, VAT, or other taxes, fees, customs, duties, insurance, or other amounts owed in connection with any prize are the sole responsibility of the winner(s). Winner(s) will be required to sign and return an affidavit of eligibility, liability release and grant permission to use his/her name and likeness for advertising and promotion (without further compensation) within 21 days of notification or alternate winner(s) will be selected. (Tennessee residents need not complete and return a publicity release.)
In the event that an Entry into the Contest is in violation of an Entrant's employer's policy, Sponsors reserve their rights to disqualify the Entry and select an alternate winner, in their sole discretion.
ACCEPTANCE OF PRIZES
In the event of unavailability of a stated prize, Sponsors reserve the right to substitute cash or items of comparable or greater value. Prizes are not transferable, exchangeable, or redeemable by winners for cash. All monetary amounts in these Official Rules are indicated in United States dollars and all monetary prizes (if any), will be awarded in the form of checks or money orders in United States dollars.
All taxes, fees, duties, levies, withholdings, insurance, shipping, and other charge imposed by third parties, including but not limited to national federal, state, provincial, and local income or VAT taxes, applicable to any prizes, or travel awarded or provided by Sponsors or otherwise arising out of the Contest are the sole responsibility of the applicable Contestant. Each Contestant receiving any prizes (including but not limited to travel and accommodations) may be required to provide Sponsors with his or her social security number or taxpayer identification number for tax purposes.
Contestants must take possession of any prizes in the manner directed by Sponsors. Failure to respond to any notification by Sponsors that a Contestant is eligible to compete in the next Phase or win a prize, or failure to provide any information or documents requested by Sponsors in the timeframe specified by Sponsors may result in disqualification and possible selection of alternate winners or entrants into the next Phase of the Contest, as applicable.
To the extent permitted by law, each Contestant may be required to sign and return an affidavit of eligibility, liability release and grant permission to use his/her name and likeness for advertising and promotion (without further compensation to the winners) within 7 days of notification or an alternate winner will be selected. (Tennessee residents need not complete and return a publicity release to the extent prohibited by law.) The declaration and release may include the Contestant's confirmation of permission (without further compensation) to use the Contestant's name, photograph, voice, likeness, logo (if any), state of residence, biographical material, for advertising, promotion, and marketing purposes, and for administration of the Contest, including but not limited to mention on the Sponsor's websites, and to the exploitation of the Contestant's Entry and other Contest Materials for any purpose. Contest void where prohibited or restricted by law. UBM and Brocade (the "Sponsors") reserve the right to use any and all information related to the Contest, including information on entrants obtained through the Contest, for marketing purposes or any other purposes, unless prohibited by law. Each entrant acknowledges and agrees that all entry data becomes the property of UBM and Brocade and will not be returned.
ALL PRIZES (INCLUDING WITHOUT LIMITATION TRAVEL AND ACCOMMODATIONS, IF APPLICABLE) WILL BE GIVEN AWAY BY SPONSORS "AS-IS." SPONSORS DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING ANY PRIZE, PRODUCT, TRAVEL, OR ACCOMMODATIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SPONSORS DISCLAIM ALL EQUITABLE INDEMNITIES.
Odds of winning are determined by the total number of eligible entries received. In the event of a dispute, potential winners may be required to provide proof that the potential winner is the authorized account holder of the e-mail address associated with the potentially winning entry.
RELEASE OF LIABILITY
By entering, participants release UBM TechWeb, a division of United Business Media LLC, Brocade Communications Systems, Inc., and their officers, employees and affiliates with respect to the use of the award statue awarded herein, agree to be bound by these rules, and consent to the use of their names and likeness for advertising and/or promotional and/or marketing purposes without additional compensation. (A Tennessee resident consents to the use of his name and likeness only if such Tennessee resident expressly consents to such use.) UBM and Brocade are not responsible for incorrect or inaccurate entry of information including, but not limited to technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, entry materials that have been tampered with, or mail in entries that are illegible, late, lost, damaged, postage due or misdirected. United Business Media LLC and Brocade Inc. are not responsible for any injury or damage to participants' or any other person's computer related to or resulting from participation or downloading any material in this promotion. Entries that have been tampered with or altered are void. Sponsors reserve the right to cancel, terminate, modify or suspend this promotion if it becomes technically corrupted or if for any reason the Internet portion of the program is not capable of running as planned, including infections by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsors, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion.
REPRESENTATIONS
By entering the Contest, each individual submitting an Entry represents and warrants to the Sponsors that:
- Such individual is the person identified on the Contest registration form;
- The individual and the Entries fully comply with all eligibility requirements and all other provisions of these Official Rules and any Policies;
- In preparing Entries and entering and participating in the Contest, the individual has complied and will comply in all respects with all applicable statutes, regulations, rules, orders, or other laws and has not violated, and will not violate, any agreement or understanding by which it is bound, including any confidentiality, employment, consulting, intellectual property assignment or license agreement;
- That the individual is not bound by any intellectual property agreement or any other agreement or obligation, with an employer, co-owner or otherwise, that prohibits, limits or affects: (a) the individual's ownership of the Entry; (b) the individual's right to submit the Entry to the Sponsors; or (c) Sponsors' license rights in the Entry in such individual's Contestant's name, photograph, voice, likeness, logo, and biographical information as set forth herein;
- The Entries are unpublished and consist entirely of the individual's own original work or of work to which such individual has all necessary rights; and
- Neither the Entry nor the exploitation of the Entry as provided herein will infringe or misappropriate any intellectual property, rights of publicity, or other proprietary rights of any person or entity.
TERMINATION
The Sponsors reserve the right to cancel, terminate, modify, or suspend the Contest in their sole and absolute discretion if the Contest becomes technically corrupted or is not capable of being run as planned, including, but not limited to, as a result of infections by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Sponsors that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest. In such event, the Sponsors will post notice at the Contest Website and will implement an alternate means for awarding all prizes.
In the event that an Entry into the Contest is in violation of an Entrant's employer's policy, Sponsors reserve their rights to disqualify the Entry and select an alternate winner, in Sponsors' sole discretion.
NO ENDORSEMENT
Nothing contained in these Official Rules or any other Contest-related materials is or shall be construed as an endorsement by Sponsors of each other, the prize manufacturers, or any other third party, product, or service.
MISCELLANEOUS
If any part of these Official Rules is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such part will be deemed modified or eliminated to the extent necessary, in the court's opinion, to make it enforceable while preserving the original intent of the Sponsors, and the remaining parts of these Official Rules will remain in full force and effect. The Contest will be governed by, and these Official Rules will be interpreted by, and enforced in accordance with, the laws of the State of New York and applicable United States federal law exclusively, without regard to any conflicts of laws principles. Any dispute arising out of or relating to these Official Rules, the Contest or any prize must be brought exclusively in the state or federal courts located in New York, New York, and the Sponsors and each Contestant irrevocably consent to the jurisdiction of such courts and waive any objection to such courts on any basis, including but not limited to jurisdiction, venue, or inconvenience of the forum.
WINNERS LIST
For the name of the prize winners, available after September 20, 2010, send a stamped, self-addressed envelope to:
2010 UBM Ultimate Network Challenge Excellence Awards Contest
United Business Media LLC
600 Community Drive, 3rd Floor
Manhasset, New York 11030
Attention: Lisa Broscritto
(516) 562-5366
lbroscri@techweb.com
Or visit: www.ultimatenetworkchallenge.networkcomputing.com
ENGLISH LANGUAGE ONLY
These Official Rules, all Contest Materials, and all other Contest-related documents are and will be in the English language only, and all proceedings relating to the Contest will be conducted in the English language only. Each Contestant hereby confirms his or her express wish that these documents be written in, and these proceedings be conducted in, the English language.
© 2010 United Business Media LLC. All rights reserved. All trademarks used herein are the trademarks of their respective owners.