Zimbra Desktop Promotion

THE ZIMBRA DESKTOP SWEEPSTAKES ("PROMOTION") IS INTENDED FOR PLAY IN THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY (EXCLUDING NEW YORK AND FLORIDA) (COLLECTIVELY, THE "ELIGIBILITY AREA") AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS PROMOTION IF YOU ARE NOT LOCATED IN, AND A LEGAL RESIDENT OF, THE ELIGIBILITY AREA.

NO PURCHASE IS NECESSARY TO ENTER OR WIN. YOU ARE NOT REQUIRED TO HAVE A YAHOO! ID TO ENTER. A ZIMBRA OR OTHER PURCHASE OR YAHOO! ID DOES NOT IMPROVE YOUR CHANCES OF WINNING.

ENTRY IN THIS PROMOTION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.

  1. Eligibility: You must be a legal resident of the Eligibility Area and 18 years or older at the time of entry. Void in overseas U.S. territories, possessions, commonwealths and military installations, and where prohibited by law. Employees and agents of Yahoo! Inc. ("Sponsor"), its affiliates, subsidiaries, advertising and promotional agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Promotion (all of the foregoing, together with Sponsor, collectively referred to as "Promotion Entities"), and the immediate family members and persons living in the same household as such individuals, whether related or not, are not eligible to participate or win.

  2. How To Enter: The Promotion begins at 12:01 AM PT on April 10, 2008 and ends at 11:59 PM PT on June 30, 2008 (the "Promotion Period"). Enter the Promotion as follows:

    Complete (with your first and last name, physical mailing address (no post office boxes), telephone number, and email address) and submit the official entry form at www.zimbra.com ("Promotion Website"). When entering the Promotion, you will have the option to download and install the Zimbra Desktop, which is a free program. You are not required to download, install or use Zimbra Desktop to obtain an entry in the Promotion. All entries must be received by 11:59 PM PT on June 30, 2008.

    For purposes of these Official Rules, “receipt” of an entry occurs when Zimbra’s servers record the entry information upon clicking the “Register and Download” button (you will not be forced to download Zimbra Desktop). In the event of a dispute about the identity of an entrant, the entry will be declared made by the authorized email account holder of the email address submitted at the time of entry, so long as that person is otherwise eligible. “Authorized email account holder” is defined as the natural person who is assigned to an email address by an internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide Promotion Entities with proof that he/she is the authorized account holder of the email address associated with the winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible.

    LIMIT ONE ENTRY PER PERSON. Although subsequent attempts to enter may be received, only the first entry received from a particular individual will count; subsequent attempts to enter will be disqualified. The submission of an entry is solely the responsibility of the entrant. Entries may only be made according to the method described above. Proof of sending (such as an automated computer receipt confirming delivery of email, "thanks for entering" message, or post office receipt) does not constitute proof of actual receipt by Sponsor of an entry. Entries will not be acknowledged. Automated entries (including but not limited to entries submitted using any bot, script, macro, or sweepstakes service), copies, third party entries, forged entries, facsimiles and/or mechanical reproductions are not permitted and will be disqualified. Only eligible entries actually received by Sponsor before the end of the Promotion Period will be included in the prize drawing.

  3. Conduct: By entering the Promotion, entrants agree to comply with and be bound by these Official Rules. The Official Rules will be posted at the Promotion website throughout the Promotion. Failure to comply with these Official Rules may result in disqualification from the Promotion. Entrants further agree to comply with and be bound by the decisions of the judges, which will be final and binding in all respects. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be: (a) tampering or attempting to tamper with the entry process or the operation of the Promotion or any Yahoo! website; (b) violating these Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Yahoo! property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND YAHOO! RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

  4. Prizes: One (1) prize winner selected in accordance with Section 5 below will each receive one (1) Apple MacBook AIR laptop. Selection of the hardware and software configuration is at Sponsor's sole discretion. Approximate retail value of each prize: $1,800.

    Approximate retail value of all prizes: $1,800. Limit one prize per person. Prizes may not be transferred or assigned except by Sponsor. Only listed prizes will be awarded and no substitutions, cash equivalents or redemptions will be made, except that Sponsor reserves the right to substitute any prize with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available. Expenses not specifically stated above, together with the reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of a prize, are the sole responsibility of the winner of that prize. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. PROMOTION ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, CONCERNING THE APPEARANCE, SAFETY, OR PERFORMANCE OF ANY PRIZE AWARDED, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EACH PRIZE IS PROVIDED AS-IS. RESTRICTIONS, CONDITIONS, AND LIMITATIONS APPLY. Promotion Entities will not replace any lost or stolen prize items once delivered.5. Winner Selection and Notification: Potential winners will be selected in a random drawing to be held approximately one week after the end of the Promotion Period, from among all eligible entries received. Odds of winning depend on the number of eligible entries received. Drawing will be conducted by a representative of the Sponsor, whose decisions are final in all matters, including interpreting of these Official Rules and awarding of prizes.

    Potential winners will be notified within three days after drawing date via email. All prizes legitimately claimed will be awarded once a proper physical address is verified. Prizes won by minors in their state of residence may (in Sponsor's sole discretion) be awarded to their parents/legal guardians. Prize winners (or their parent or legal guardians if entrant is a minor in his/her state of residence) will be required to sign, notarize and return an Affidavit of Eligibility and Liability/Publicity Release and provide any additional information (such as social security number), that may be required by Promotion Entities, except where prohibited by law. Except where prohibited by law, potential winners (or their parent or legal guardians if entrant is a minor in his/her state of residence) must return all required documents within seven days following attempted notification or prize may be forfeited. Return of any prize/prize notification as undeliverable, or inability of Promotion Entities to contact a potential winner may result in disqualification and selection of an alternate winner by random drawing. Winners will each be issued an IRS Form 1099 that documents the value of the prize for tax purposes. Any difference between actual value of a prize and the approximated value of a prize as stated in these Official Rules will not be awarded.

  5. General Conditions: This Promotion is governed by the laws of the United States. All federal, state and local laws and regulations apply.

    By entering, participants (and their parent or legal guardian if a participant is a minor in his/her state of residence): (a) agree to release, indemnify and hold harmless Promotion Entities, and their respective parents, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss or damage of any kind to persons, including death, or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, participation in this promotion, or while traveling to, preparing for or participating in any prize- or Promotion- related activity, and (b) grant to Zimbra the right to use and publish their proper name and state online and in print, or any other media, in connection with the Promotion.

    Except where prohibited by law, a winner's acceptance of a prize constitutes permission for Promotion Entities to use such winner's name, address (city and state only), statements, photograph, voice, biographical data and/or likeness for any advertising and promotional purposes relating to the Promotion without further compensation, consideration, review or consent.

  6. Limitations of Liability: Promotion Entities assume no responsibility for lost, late, misdirected, illegible, or mutilated entries or mail, or for theft, destruction or unauthorized access to, or alteration of, entries. Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, any of the equipment or programming associated with or utilized in the Promotion, or any technical or human error which may occur in the processing of submissions in the Promotion. Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, virus, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing. Promotion Entities are not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials or programs in this Promotion. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and select winners from among all eligible entries received prior to the cancellation.8.

    Disputes/Governing Law: Except where prohibited, as a condition of participating in this Promotion, each entrant agrees that any and all disputes that cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant 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 entrant's actual out-pocket expenses (e.g., costs associated with entering this Promotion), and each entrant further waives all rights to have damages multiplied or increased.

    The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or this Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, County of Santa Clara, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

  7. Privacy: By entering the Promotion, you agree to Zimbra's use of your personal information as described in Zimbra’s Privacy Policy, located at http://www.zimbra.com/privacy.html.
  8. Winners List: The names of the prize winners may be obtained after July 15, 2008 and no later than August 15, 2008 by sending a self-addressed stamped envelope to: Zimbra Desktop Apple AIR Promotion, Winners List Requests, 701 First Avenue, MS A101 Sunnyvale, CA 94089.
  9. Official Rules: For a copy of the Official Rules, print this web page or send a self-addressed, stamped envelope to: Zimbra Desktop Apple AIR Promotion, Official Rules Requests, 701 First Avenue, MS A101 Sunnyvale, CA 94089.. Vermont residents may omit return postage. Requests received after the close of the Entry Period will not be honored.
  10. Sponsor: Zimbra, 701 First Avenue, Sunnyvale, CA 94089.