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Notice to Entrants

Terms and Conditions for Hortonworks Stuffed Elephant Giveaway (“Contest”)

NO PURCHASE NECESSARY. Void where prohibited or restricted by law.

1. Eligibility: Entry to the Contest is open to all registrants over eighteen years of age who work in information technology in the public sector (“Participants”). To be eligible to win, Participants must complete all mandatory fields on Entry. The Contest is not open to employees or internally contracted vendors of Sponsor, its subsidiaries, agents and affiliates. All Participants are responsible for compliance with any and all laws, rules, regulations, and employer’s policies regarding Participant’s eligibility to participate and/or receive reward(s) in this Contest.

2. Sponsor: This Contest is sponsored by Hortonworks.

3. Duration: Contest will only be valid up to September 10, 2018, and is limited to the first fifty eligible Participants. A Participant is only eligible to win one stuffed elephant.

4. How to enter: Participants must fill out the entry form (“Entry”) and fill in all required compulsory fields. Each Participant shall submit only one Entry.

5. Lost or Damaged Entry: Only complete, valid Entries actually received will be accepted. Sponsor reserves the right to disqualify false Entries or Entries suspected of being false.

6. Prizes and Notification: The prize is a stuffed elephant with prize value of less than $20.00 USD. Winners’ stuffed elephant will be shipped to an address indicated by you within the contiguous United States. Cash equivalent of prizes will not be awarded. No cash or other substitutions are permitted except at the discretion of Sponsor who reserves the right to substitute a prize of comparable value if the prize is unavailable or cannot be awarded as described for any reason. Final results of the winning Entry along with details may be used in the Sponsor’s marketing, social media or promotional activity materials.

7. Right to modify: The Sponsor reserves the right to provide alternative prizes at its discretion.

8. Warranty Disclaimer: SPONSOR AND PRIZE SUPPLIERS MAKE NO WARRANTY, REPRESENTATION OR GUARANTY, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE INCLUDING BUT NOT LIMITED TO ITS QUALITY OR SUITABILITY AND SPONSOR AND PRIZE SUPPLIERS HEREBY DISCLAIM ANY RESPONSIBILITY OR LIABILITY RELATING THERETO. Certain legislation may imply conditions or warranties which cannot be excluded, restricted or modified except to a limited extent. In this event, to the extent permitted by law, Sponsor’s liability is limited to, as its option: (i) the replacement of the prize or the supply of an equivalent prize; (ii) the repair of the prize; or (iii) the payment, if it does not contravene any law, of the cost of the replacement, supply or repair.

9. LIMITATIONS OF LIABILITY: BY PARTICIPATING AND ACCEPTING A PRIZE, EXCEPT FOR LIABILITY UNDER STATUTE WHICH CANNOT BE EXCLUDED, THE WINNER AGREES THAT SPONSOR, ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND CONTEST AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY CLAIMS, LIABILITY, OR CAUSE OF ACTION FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING WITHOUT LIMITATION PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, PARTICIPATION IN THIS CONTEST, OR PARTICIPATION IN ANY CONTEST OR PRIZE RELATED ACTIVITY. FOR THE AVOIDANCE OF DOUBT, NOTHING HEREIN EXCLUDES OR LIMITS THE SPONSOR’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD OR WILFUL MISCONDUCT.

10. Taxes: The Sponsor accepts no responsibility for any tax liability that may be incurred by any person in connection with a Participant winning a prize or participating in this Contest. All federal, provincial, local taxes, sales taxes, and any other costs, fees and expenses, duties, charges and surcharges are the sole responsibility of winner.

11. General Conditions: By entering, the Participant acknowledges that the Participant has read, understood, accepts and agrees to be bound by the terms and conditions, as they may be amended from time to time at Sponsor’s sole discretion. All Participants are responsible for compliance with any applicable laws, rules and regulations, contractual limitations and/or office policies, if any, regarding participation in events such as the Contest (including the acceptance of any related prizes). Sponsor reserves the immediate right to disqualify any Participant who, in Sponsor’s sole discretion: (i) is not in compliance with these Contest rules, (ii) tampers with the entry process, the Contest, or the Website; or (iii) is acting in an uncooperative, unsportsmanlike, disruptive, abusive, or threatening manner. Sponsor shall not be liable to a Participant for failure to supply the prize or any part thereof, by reason of the prize becoming unavailable or impracticable to award, or for any force majeure event. By registering for the Contest, the Participant consents to receiving email or other communications from Sponsor related to the Contest.

12. USE OF PERSONAL INFORMATION: Personal information submitted while participating in the Contest will be used to contact winners. Personal information means any information that may be used to identify the Participant making the entry including, but not limited to, a first and last name, an email address, shipping address, title, etc..

13. CHOICE OF LAW: These validity, interpretation, and performance of any matters related to the Contest (including these terms) shall be controlled by and construed under the laws of the State of California, without regard to principles regarding conflicts of law. All disputes related to this Agreement shall be brought exclusively in the state or federal courts located in Santa Clara County, California, and each party irrevocably consents to such jurisdiction.