(the Official Rules)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION.
The object of the Aspect GEM Award Program (Program) is for users of Aspect Software’s products to share their success stories where Aspect’s products have assisted or enabled them to achieve outstanding customer engagement results for their organizations. Entries must be submitted in accordance with these Aspect GEM Award Participation Terms (Terms) to be eligible.
1. ENTRY PERIOD: The Program begins on 12:01 AM Mountain Standard Time (MST) on March 31, 2018 and ends on 11:59 PM MST on April 30, 2019 (the Promotion Period).
2. SPONSOR: Aspect Software, Inc. (Aspect), 2325 East Camelback Road, Suite 700, Phoenix, AZ 85016.
3. ELIGIBILITY: To be eligible to enter the Program, the person being nominated for the award (the Nominee) must be a user of Aspect’s products or services. Additionally, the Nominee and person entering the nomination (Entrant) must both be eighteen (18) years of age or older and a legal resident of the United States, Canada (excluding the Province of Quebec) or Mexico at the time of entry. Employees, officers and directors of Aspect and Aspect’s parent company, affiliates and subsidiaries, and their immediate families are not eligible to participate.
4. HOW TO ENTER: To enter, complete the submission form, including: (a) a description of how the Nominee successfully provided an experience that was above and beyond the normal level of expectation, focused on delighting your company’s end customer; and (b) the Entrant and Nominee’s full name, company/organization name, phone number, mailing address and e-mail address. Self-nominations are acceptable. Entries must be made via the ‘Program’ page on the Aspect website https://www.aspect.com/gem (Website). No other method of entry will be accepted. All entries must be received during the Promotional Period to be eligible. By fully completing and submitting all required information as directed the Nominee will be entered in the Program. Participants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any entry. Incomplete and/or inaccurate entries are void. Limit one (1) entry per person for a Nominee for the same experience. In case of multiple entries received from any person, only the first entry received from such person for a Nominee for the same experience will be considered. Any entry that does not comply with the with these Terms will be void, eliminated and not eligible for consideration.
5. JUDGING: All entries will be compiled during the Promotion Period. Judges chosen by the Aspect Software User Group Association (ASUGA) (collectively the Judges) will choose one (1) winner each month of the Promotion Period from the eligible entries. The Judges will judge all eligible entries for that month to determine the most compelling entry. Each monthly winner will be notified within approximately five (5) days of the end of the relevant month during the Promotion Period by the e-mail address provided on the entry. Subject to verification of eligibility and compliance with the terms of these Terms, the eligible Nominee for the winning monthly entry, as determined by the Judges, will be declared the official monthly winner of the Program (the Monthly Winner).
Each Monthly Winner will be eligible for a Grand Prize. The Grand Prize Winners will be chosen by voting conducted via Aspect’s Facebook page and Twitter (collectively Social Media). Subject to verification of eligibility and compliance with the terms of these Terms, the eligible Monthly Winner(s) with the most votes via Social Media will be declared an official grand prize winner of the Program (the Grand Prize Winner). The Grand Prize Winners will be notified within approximately five (5) days of the end of the Promotion Period by the e-mail address provided on the entry. For votes via Social Media, votes generated by script, macro, bot, commercial contest subscription, vote-swapping sites, voting software, entering service sites or any other automated means and votes by any means that subvert the voting process or do not conform to the spirit of the Program will be void. Any rankings or vote counts posted on the Website are unofficial and should not be relied upon for any purpose. If attempts are made to vote in excess of the limitations set forth in these Terms and/or by means other than as specifically set forth in these Terms, Sponsor may, in its sole discretion, disqualify any related votes.
6. PRIZE DETAILS: Nominee Prizes: Each Nominee's employer will receive a $10 Starbucks gift card (each Nominee's employer is limited to one (1) Starbucks gift card per entry for up to a maximum of 5 gift cards for each unique experience submitted as an entry during the Promotion Period).
Monthly Prizes: For the eligible Nominees submitted each month during the Promotion Period, a total of one (1) prize package will be awarded for that month. Each Monthly Winner will receive a $25 Amazon gift card, and a GEM Award shirt (total approximate retail value of the Monthly Prize: US $50). Limit 1 (one) Monthly Prize package per Monthly Winner.
Grand Prizes: A total of three (3) Grand Prize Winners will be chosen from the Monthly Winners during the Promotion Period. Each Grand Prize Winner will also receive one (1) entrance ticket to attend ACE 2019 in Las Vegas, Nevada, inclusive of standard airfare and hotel accommodations, and participation in an ACE speaker’s panel session. In addition, each Grand Prize Winner’s employer will be awarded a lunch party for the Grand Prize Winner and up to 30 of the Grand Prize Winner’s co-workers at the Grand Prize Winner’s office or other nearby location (total approximate retail value for each Grand Prize package is $3,000.00; however, the actual value may be more or less than this amount). Limit 1 (one) Grand Prize package per Grand Prize Winner.
Eligibility for the Monthly Prize and Grand Prize packages is contingent upon a Nominee being permitted by Nominee’s employer to be publicly identified by name and employer and associated with Nominee’s Program entry.
7. PRIZE NOTIFICATION RESPONSE TIME: Three (3) business days from the time of issuance of Prize Notification (defined below) (the Required Response Time).
8. WINNER'S LIST: For the name of winners, send, within six months from the end of Promotion Period, a self-addressed, stamped envelope to: GEM Award Program, Aspect Software, Inc., 2325 East Camelback Road, Suite 700, Phoenix, AZ 85016.
9. PRIZE CONDITIONS: All Prize details are determined in the sole and absolute discretion of Sponsor. Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion. Sponsor reserves the right to substitute a Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. All costs and expenses associated with Prize acceptance and use not specified in these Terms as being provided, including, but not limited to, ground transportation, meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of the winner(s). ACE date and location will be determined in the sole discretion of Sponsor, and may be subject to change. Grand Prize winners that are not citizens of the United States shall be responsible for all visas and entry permits to the United States, there is no substitution or payment of cash value of Grand Prize for failure to obtain a visa or entry permit. All prizes are provided to Nominee’s employer.
10. PROGRAM ADMINISTRATION: Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Program. Sponsor's computer will be the official clock of the Program. All decisions by Sponsor regarding the Program will be final and binding in all respects.
12. CONTENT RESTRICTIONS: Participants must not include any of the following content (the Content Restrictions) in any entry: (a) content in violation of intellectual property rights or laws; (b) libelous, defamatory, disparaging, tortious or slanderous materials; (c) content that denigrates, disparages or reflects negatively on the Sponsor; (d) content containing any obscene, offensive or otherwise inappropriate comments or other matter; or (e) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any city/municipality/state/territory/province/country where the entry is created. Any entry that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
13. NOTIFICATION: The potential winner(s) will be notified via email by Sponsor (the Prize Notification) and will be required to privately (through email, or other secure, private means) provide his/her name, address, age and other personal information necessary to receive the Prize. In the event that any potential winner does not respond to the Prize Notification within the Required Response Time or fails to provide Sponsor all information necessary to receive the Prize or declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate potential winner may be chosen from among all remaining eligible entries. In addition, the potential winner may be required to submit his/her valid social security or tax identification number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability, if required by applicable local law, within the Required Response Time. A disqualification and Prize forfeiture will result and, at Sponsor's sole discretion and time permitting, an alternate potential winner will be selected from among all remaining eligible entries if all required documents are not properly executed and returned within the specified period of time. Refusal or return of such documents as non-deliverable or any potential winner's noncompliance with these Terms may result in disqualification, Prize forfeiture and, at Sponsor's sole discretion and time permitting, may cause an alternate potential winner to be chosen from among all remaining eligible entries.
All applicable federal, state, territory, provincial and local laws and regulations apply. Sponsor's failure to enforce any term of these Terms will not constitute a waiver of that provision.
The Sponsor, Facebook and Twitter and each of its respective parent companies, trustees, subsidiaries, assignees, affiliates, , agents, independent contractors, licensees and advertising and promotional agencies, and each of their respective general and limited partners, members, shareholders, officers, directors, agents, employees, representatives and contractors (collectively, the Released Parties) will not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected entries, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions.
Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with this Program, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Program, the processing of entries, the tabulation of scores, the cancellation of ACE, or any errors appearing in any Program related-materials including, but not limited, to errors in advertising, the Terms, the selection and announcement of the Monthly Winners and Grand Prize Winners or the distribution of the Prizes. Sponsor reserves the right to modify these Terms during the Promotion Period for clarification purposes without materially affecting the terms and conditions of the Program. Sponsor right to change the Terms for future Promotion Periods, including cancellation of the Program remains unaffected.
Released Parties make no warranties, express or implied, relative to the use or enjoyment of the Prize(s) (or any portion thereof) including, without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Program, each participant and Nominee who accepts a Prize agrees to indemnify, hold harmless and fully release the Released Parties from any and all claims, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the Program, Program-related activity, participant's entry, or resulting from the acceptance, possession, quality, use or misuse of the Prize(s) (or any portion thereof) including any travel or activity related to the Prize.
If the Program is not capable of running as planned for any reason including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of ACE, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Program, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Program, to disqualify any individual who tampers with the entry process, and, if terminated, to determine the Winner(s), if any, from among all eligible, non-suspect entries submitted up to the point of termination.
Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, or providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website or wireless service congestion, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Program.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROGRAM OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT, AND SPONSOR AND/OR ITS RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event that the Program is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Program, or to disqualify participants residing in the affected geographic areas. In such event, the Released Parties will have no liability to any participant who is disqualified due to such an action.
As a condition of entering this Program, each Entrant and Nominee who accepts a Prize agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to this Program, or any prizes awarded (each, a Claim), will be subject to the Arizona courts which will have jurisdiction over any Claims and that the venue will only be Phoenix, Arizona; and (b) under no circumstance will Entrant or Nominee be permitted to obtain awards for, and Entrant and Nominee hereby waive all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Terms are governed by and construed and interpreted in accordance with the laws of the State of Arizona, U.S.A, applicable to contracts entered into and performed exclusively in that State.
All voting data provided online is provided to Sponsor and not to Facebook and Twitter. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter.
The Program is a skill contest designed to increase consumer awareness of and interest in Aspect’s products and services. This Program may not be used for, or in connection with, any form of gambling.
16. REGIONAL TERMS: In the event the participant is located in, and/or organized under the laws of, a country below, the following terms indicated with respect to such country will apply in place of the corresponding provisions of the Terms.
UNITED KINGDOM AND SOUTH AFRICA:
GOVERNING LAW. These Terms shall be governed by and interpreted in accordance with the laws of England and Wales. Aspect and participant hereby consent to the exclusive jurisdiction and venue of the English and Welsh courts and under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
GOVERNING LAW: These Terms shall be governed by and interpreted in accordance with the laws of Germany excluding its conflict of law principles. Aspect and participant hereby consent to the exclusive jurisdiction and venue of the competent courts in Cologne, Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
GOVERNING LAW: These Terms shall be governed by and interpreted in accordance with the laws of New South Wales excluding its conflict of law principles. Aspect and participant hereby consent to the exclusive jurisdiction and venue of the competent courts in New South Wales, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
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