Channel Partner Sweepstakes

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OFFICIAL RULES

PLEASE READ THESE OFFICIAL RULES CAREFULLY. BY ENTERING THE SWEEPSTAKES, YOU UNCONDITIONALLY AGREE TO AND ACCEPT THESE RULES. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

THIS SWEEPSTAKES IS NOT OPEN TO THE PUBLIC. THE SWEEPSTAKES IS OPEN ONLY TO AUTHORIZED AND REGISTERED NET2PHONE CHANNEL PARTNERS WHO MEET THE ELIGIBILITY REQUIREMENTS BELOW. THE SWEEPSTAKES IS VOID WHERE PROHIBITED BY LAW.

 

  1. DATES. The Sweepstakes will begin at 12:01 AM EST on March 15, 2016 and end at 11:59 PM EST on May 31, 2016.

 

  1. ELIGIBILITY. The Sweepstakes is open only to authorized and registered net2phone Channel Partners who meet the following eligibility requirements: (a) have signed a net2phone agent agreement and (b) are in good standing with net2phone (collectively, “Eligible Channel Partners”).  The Sweepstakes is not open to: (1) the public generally and (2) affiliates of net2phone, Inc. (“net2phone”).

 

  1. ENTRY. There are two ways to enter the Sweepstakes:(a)  each full priced sale of a net2phone Office hosted PBX seat or SIP trunking channel during the Sweepstakes period (an “Eligible Sale”) will result in an entry for the Eligible Channel Partner provided that the customer does not return the seat or channel and pays the first month’s charge for the seat or channel. Any Eligible Sale that is canceled, voided, reversed, returned or for which the customer does not pay the first month’s charge (including as a result of a chargeback) shall not result in an entry into the Sweepstakes for the Eligible Channel Partner; or(b)  an Eligible Channel Partner can enter the Sweepstakes by sending a postcard with its name, address and phone number to net2phone Agent Sweepstakes — Entry Form, c/o net2phone, Inc., 520 Broad Street, Newark, NJ 07102 (Attn: Marketing Dept.). Limit one entry per postcard. Limit one entry per stamped postcard. All requests must be received by May 31, 2016. No mechanically reproduced or photocopied requests allowed.NO PURCHASE IS NECESSARY TO ENTER OR WIN. A purchase will NOT improve your chances of winning.

 

  1. PRIZE. One winner will be chosen at random from all eligible entries. Odds of winning depend on number of entries received. The winner will receive $5,000.All costs and expenses not specified herein as being included with a prize, including but not limited to any and all costs incurred in connection with redeeming a prize, traveling to redeem a prize, acceptance, use, misuse, or possession of a prize or from participation in prize-related activities are the sole responsibility of the winner and the winner hereby waives all rights to assert such costs as a cost of winning. The winner is solely responsible for any and all taxes and surcharges of any kind whatsoever regarding the prize. The winner may receive a 1099 Form reporting the value of the prize, a copy of which will be filed with the IRS. Any unclaimed prize may not be awarded at the discretion of net2phone.

 

  1. WINNER SELECTION AND NOTIFICATION. All Eligible Channel Partners that enter the Sweepstakes will be entered into a random drawing to win the prize. On or about July 1, 2016, net2phone will randomly select one winner from all legitimate entries. The winner will be notified using the contact information provided by the Eligible Channel Partner.The winner must claim the prize and, if required by net2phone, execute and return and Affidavit of Eligibility and Release within 30 days following attempted notification. Return of any prize notification as undeliverable may result in disqualification. net2phone and its directors, officers, employees, representatives and agents are not responsible for and shall not be liable for any late, lost or misdirected notification, or for potential winner’s unsuccessful efforts to claim the prize. No cash value, substitution or transfer of the prize is permitted, except by net2phone, which reserves the right to award a prize of greater or equal value (including cash) if advertised prize is unavailable or unduly burdensome to obtain.If prize notification or prize is returned as non-deliverable, or if a winner cannot be contacted, is ineligible, is found to have violated any of these Official Rules, or such other rules as net2phone may reasonably require, or fails to claim a prize, net2phone may disqualify the winner and the prize may be forfeited and may be awarded to an alternate winner. net2phone reserves the right to verify the eligibility qualifications of any winner.Prize will be awarded only if potential winner complies with these Official Rules.

 

  1. VERIFICATION. All entries, participants and winners are subject to verification by net2phone. Entries are null and void and will be rejected if illegible, mutilated, torn, altered, counterfeit, photo copied, mechanically reproduced, tampered with in any way, miscut, blank or partially blank, misregistered, if they contain typographical, mechanical, printing, production or other errors, or if participant is not an Eligible Channel Partner. Prize will not be awarded if potential winning entry is submitted in a manner inconsistent with the instructions contained in these Official Rules. Any Eligible Channel Partner that ceases to be an Eligible Channel Partner during the Sweepstakes period will no longer be eligible to enter or win.

 

  1. GENERAL Conditions. By participating in the Sweepstakes, all entrants agree to abide by the terms of these Official Rules and by any and all decisions of net2phone, which are final and binding on all matters pertaining to this Sweepstakes. The laws of the United States govern this Sweepstakes. All applicable federal, state and local laws and regulations apply. THE SWEEPSTAKES IS VOID WHEREVER PROHIBITED BY LAW. These Official Rules can be viewed on line at www.www.net2phone.com (the “Website”) and at net2phone’s main office located at 520 Broad Street, Newark, New Jersey 07102. For a copy of these Official Rules please send a self addressed, stamped envelope to: net2phone Agent Sweepstakes — Rules, c/o net2phone, Inc., 520 Broad Street, Newark, NJ 07102 (Attn: Marketing Dept.).Any information concerning the Sweepstakes that is located on the Website or any poster, card or other advertising material is incorporated into these Official Rules. If there is any inconsistency between any advertising material regarding this Sweepstakes and these Official Rules, then the terms of these Official Rules shall apply.Except where prohibited by law, a winner’s acceptance of a prize grants net2phone and its licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide forever in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner’s name, portrait, photo, picture, voice, likeness, address (city/state) and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, the winner agrees to appear for, or provide biographical information for use in, any presentation or other activity which may include filming, audio, video, electronic, digital or other recordings and/or interviews, as may be determined from time to time by net2phone.net2phone reserves the right, in its sole discretion, to disqualify any person that it finds to be or suspects to be (a) tampering with, or attempting to tamper with, the entry process or the operation of the Sweepstakes, (b) acting in violation of the Official Rules or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE WEBSITE OR THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE NET2PHONE AND ITS AGENTS RESERVE THE RIGHT TO PROSECUTE SUCH PERSON AND OR SEEK DAMAGES FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each participant agrees to release and hold the net2phone and its parent entities, subsidiaries and affiliates (collectively, the “Net2phone Entities”) and their respective directors, officers, employees, representatives and agents harmless from any and all liability for injuries, losses, damages, rights, claims and actions of any kind in connection with the Sweepstakes or from the use or acceptance of any prize won. The net2phone Entities and their respective directors, officers, employees, representatives and agents make no warranty, guaranty or representation of any kind concerning the prizes and disclaim any implied warranty arising out of any person’s participation in the Sweepstakes or the acceptance and use of any prize.The net2phone Entities and their respective directors, officers, employees, representatives and agents are not responsible for and shall not be liable for: (1) late, lost, delayed, misdirected, undeliverable, illegible, unintelligible and/or incomplete correspondence, including without limitation, email, text messages and entries; (2) any entries not accepted because of computer, online, telephone or technical malfunctions or any human error in the processing of entries that may occur; (3) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Website or concerning any entries; (4) telephone, electronic, technical, network, email, server, Internet, hardware or software problems or computer malfunctions, failures or difficulty of any kind, including without limitation, any injury or damage to entrant’s or any other person’s phone or computer related to or resulting from participating in or downloading any materials in or connected to the Sweepstakes and the inability to access the Website, online or wireless service; (5) failed, incomplete, garbled or delayed text messages, Internet/email computer transactions, transmissions or entries; (6) any condition caused by events beyond the control of net2phone that may cause the Sweepstakes to be disrupted or corrupted (in which event, net2phone reserves the right to cancel the Sweepstakes); (7) any injuries, losses, or damages of any kind arising in connection with or as a result of the prizes, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (8) any printing or typographical errors on the Website, these rules or any materials associated with the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of net2phone, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, net2phone reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes.IN NO EVENT WILL THE NET2PHONE ENTITIES AND THEIR directors, officers, employees, representatives and agents BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF the sweepstakes or a PARTICIPANT’S ACCESS TO AND USE OF any INTERNET SITE (INCLUDING THE WEBSITE) OR WIRELESS SERVICE related to the sweepstakes OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITEs OR WIRELESS SERVICE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND such OTHER SITEs IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

  1. DISPUTES. As a condition of participating in this Sweepstakes, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in Essex County, New Jersey having competent jurisdiction, which Court shall apply the laws of the State of New Jersey without regard for doctrines of conflict of law. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and participant further waives all right to have damages multiplied or increased.

 

  1. SPONSOR. net2phone, Inc., 520 Broad Street, Newark, NJ 07102.