Terms and Conditions
OFFICIAL RULES FOR SOLIDWORKS 2013 BETA CONTESTS
TERMS AND CONDITIONS
ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
The DS SolidWorks 2013 Beta Contest (the “Contest”) is offered by DS SolidWorks Corporation (”DS SolidWorks”), whose decisions regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects.
The Contest is open to SolidWorks® software customers worldwide who are 18 years of age or older and have a valid subscription service ID at the time of entry. Employees of DS SolidWorks and their immediate family members, and any persons domiciled with such employees, are not eligible to participate. Employees of governmental entities are not eligible. Void where prohibited or restricted by laws, local and national, regarding contests, which includes, Brazil, China, the Netherlands, and Quebec. Participation in the Contest constitutes entrant's consent to the publication of his or her name and image in any media for any commercial or promotional purpose, without limitation or further compensation.
Prizes will be awarded based on the number of Beta Points earned in various categories (see the section titled Criteria for Points below). The prizes available include gift certificates redeemable at Amazon.com, up to $500 per prize, with the total amount of all prizes $22,800. For a complete list of prizes and the value of each prize, please visit the webpage www.solidworks.com/beta/prizes.htm
ODDS OF WINNING
The odds of winning will depend on the number of eligible submissions. DS SolidWorks cannot predict the odds of winning as the company has no prior knowledge of the number of entrants who will participate.
BETA CONTESTS PERIODS
The Beta Contests consists of a Beta 1 Contest, a Beta 2 Contest, a Beta 3 Contest, and an Overall Contest. The Beta 1 Contest period will begin on June 25, 2012 upon availability of SolidWorks Beta release (approximately 9:00 am EDT), and ends on July 29, 2012. The Beta 2 Contest period will begin upon availability of the SolidWorks Beta 2 release (approximately 9:00 am EDT on July 30, 2012), and end 4 weeks thereafter. The Beta 3 Contest period will begin upon availability of the SolidWorks Beta 3 release and end 3 weeks thereafter.The Beta 2 and Beta 3 contest dates will be posted in the Beta News RSS feed when known. Problem reports submitted prior to 11:59pm EDT on the end dates of the Beta contests will be eligible for points in the Contest.
CRITERIA FOR POINTS
The Beta entrants with the highest overall Beta points will be awarded the Contest prizes per category (listed below). If two or more participants have the same number of Beta points, they receive prizes of the same value and the prize at the next lower value level is not awarded. In order to earn Beta points, an entrant must submit a problem report pertaining to a SolidWorks Beta product or an add-in program to a SolidWorks Beta product (partner products excluded). Beta points awarded are based upon the severity of the reported problem, and the troubleshooting content that it contains. Determination of Beta points awarded for each problem reported is at the sole discretion of DS SolidWorks, whose decision shall be final. The winners will be the entrants who accumulate the highest number of Beta points per category by the conclusion of the Contest Period. Multiple submissions of unique bugs are encouraged. Once the Contest period concludes, all entrants’ Beta points will be tallied. The contest categories include SolidWorks Beta 1, SolidWorks Beta 2, SolidWorks Overall, Simulation Beta 1, Simulation Beta 2, Simulation Overall, EPDM Beta 1, EPDM Beta 2 and EPDM Overall. The overall winners for the Beta 1 and Beta 2 categories are those eligible entrants with the most combined points of all Beta 1 and Beta 2 categories, respectively.
The SPR data, other materials, and information for DS SolidWorks beta products ("Subscription Service Confidential Information") at the www.beta.solidworks.com website are the confidential and proprietary information of DS SolidWorks. It is available ONLY to subscription service subscribers and ONLY to those who agree to protect its confidential and proprietary status. You hereby agree to hold any Subscription Service Confidential Information in strict confidence and to use such Subscription Service Confidential Information only in accordance with the terms of this Agreement. You shall limit the use of, and access to, the Subscription Service Confidential Information to your employees or agents whose use of or access to the Subscription Service Confidential Information is necessary to carry out the intent of your Subscription Service Agreement. You shall, by all appropriate means, prevent the unauthorized disclosure, publication, display or use of any Subscription Service Confidential Information. You shall not remove any trademark or copyright, restricted rights, limited rights, proprietary rights or confidentiality notice included in or affixed to the Subscription Service Confidential Information and shall reproduce all such notices on any copies of the Subscription Service Confidential Information made by you in accordance with your Subscription Service Agreement.
Winners will be notified by telephone and/or electronic mail within 2 weeks of the end of the Contest Period. For a prize winners list, you may send a self-addressed, stamped envelope to DS SolidWorks Corporation, 300 Baker Ave, Concord, Massachusetts 01742 Attn: DS SolidWorks 2013 Beta Contest.
COPY OF RULES AND QUESTIONS
If you have any questions regarding this Contest, or wish to receive a copy of the Official Contest rules at no charge please send your question or request to: DS SolidWorks Corporation, 300 Baker Avenue, Concord, MA 01742. Attn: DS SolidWorks 2013 Beta Contest
Winners are responsible for any and all taxes, fees, or duties with respect to prizes, if applicable.
LIMITATIONS OF LIABILITY
By entering the Contest, entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney's fees; and (3) under no circumstances will any entrant be permitted to obtain any award for and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. DS SolidWorks is not responsible for any incorrect or inaccurate information, whether caused by a web site or a customer or VAR portal users or by any of the equipment or programming associated with or utilized in the Contest. IN NO EVENT WILL DS SolidWorks Corporation, ITS LICENSEES, AND OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING PROVIDED FOR THE CONTEST INCLUDING ANY SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
DAMAGE TO WEBSITE
ANY ATTEMPT TO DELIBERATELY DAMAGE OR IMPROPERLY ACCESS ANY WEBSITE ASSOCIATED WITH THIS CONTEST IN ANY WAY, OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. IN THE EVENT THAT SUCH AN ATTEMPT IS MADE, DS SOLIDWORKS WILL DISQUALIFY ANY SUCH ENTRANT AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND/OR OTHER REMEDIES FROM ANY PERSON OR PERSONS INVOLVED IN SUCH ATTEMPT TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
ACCEPTANCE OF RULES
By participating in the Contest, entrants affirm that they have read and accepted these official Contest rules. The laws of the Commonwealth of Massachusetts, without regard to its rules and principles of conflicts of laws, apply to and govern this Contest, and any claims must be raised and resolved in Massachusetts. The foregoing includes all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, and the rights and obligations of any entrant and DS SolidWorks. The invalidity or unenforceability of any provision of these rules shall not affect the invalidity or unenforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.