Terms and Conditions
THESE TERMS AND CONDITIONS ARE A CONTRACT — PLEASE READ THEM CAREFULLY. PARTICIPATION IN THE USER STUDY CONSTITUTES PARTICIPANTS’ FULL AND UNCONDITIONAL AGREEMENT TO THESE TERMS AND CONDITIONS. NO PURCHASE IS NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED OR WHERE REGISTRATION, BONDING OR LANGUAGE TRANSLATION IS REQUIRED.
The Abstract Notebooks User Study is sponsored and administered by Elastic Projects, Inc. dba Abstract 548 Market Street, PMB 24097, San Francisco, CA 94104 (the “Sponsor”). The Notebooks User Study will begin on September 21, 2021, 7am Pacific Time and end on October 6, 2021, 7am Pacific Time (the “Study Period”).
Participation in the Notebooks User Study is open to five (5) individuals who were invited, interviewed, and selected in accordance with the How to Enter paragraph below (“Participant”). Participants must have attained at least the age of majority in their jurisdiction of residence and, in any event, be at least 18 years of age. Employees or agents of the Sponsor or its parent or affiliate companies or suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee or agent, are not eligible. Legal entities are not eligible to enter. Additionally, the following are ineligible to participate in the Notebooks User Study and receive a prize (1) residents of Cuba, Iran, North Korea, Sudan, Syria or any country subject to U.S. embargo; (2) any persons (including businesses, research institutions, government and private organizations, individuals, and other types of legal persons) on the U.S. government’s Denied Persons List, Specially Designated Nationals list, Entity List, Unverified List or any other similar list maintained by the U.S. government or any other government to whose laws the Sponsors, its subsidiaries or affiliated companies, or such person is subject, and all individuals employed thereby or otherwise associated therewith; and (3) any persons for whom it would be illegal to participate in or with or to whom it would be illegal for the Sponsor to interact or award the prize as contemplated herein.
HOW TO ENTER
To enter, Sponsor emailed a random group of individuals on social media who had not yet used the Abstract Notebook services and asked for volunteers to participate in the Notebooks User Study. The first (5) volunteers, one (1) each from the following list of titles, were selected to participate:
- Product Designer
- Design Manager
- Product Manager
- Content or UX writer
Each Participant who completes the Notebooks User Study shall be entitled to one (1) prize, as described below. If the Sponsor deems an individual recipient of the email to have made multiple applications to enter or to have acted in bad faith with respect to the Notebooks User Study, the recipient shall be excluded from the Study and consequently ineligible to win the prize.
Each Participant will be given a designated time for a video conference interview, which will last approximately (45) minutes. During the video conference interview of the Notebooks User Study, Sponsor will ask the Participant certain questions, including as related to their role and their design review needs. Sponsor will provide Participant with a free or trial version of the Abstract Notebooks services for purposes of demonstrating the Abstract Notebook services during the video conference interview. Sponsor will ask Participant for feedback on the Abstract Notebook services demo and Participant’s current review experience, as well as for a wishlist of design review features and any and all other relevant questions that may arise during the Notebooks User Study. All ideas, results, discussions, intellectual property, and work product arising from the Notebooks User Study will be the exclusive property of Sponsor and Participant grants all rights and licenses to Sponsor therein.
PRIZE DESCRIPTION AND FULFILLMENT
Each eligible Participant will receive (1) $75 Visa e-gift card upon completion of the Notebooks User Study. Only one prize per person and per household will be awarded to the first (5) Participants. The approximate retail value (“ARV”) of the prize per Participant is $75 USD. The ARV of the prize represents Sponsor's good faith determination, which is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
Gift cards and gift certificates are subject to the terms and conditions of the issuer, Visa, Inc. The Notebooks User Study is in no way sponsored, endorsed, administered by or associated with Visa, Inc. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded.
Prizes will be delivered to the Participant’s email address. Prizes cannot be transferred, redeemed for cash or substituted. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Terms and Conditions is unavailable or cannot be awarded, in whole or in part, for any reason. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with these Terms and Conditions will result in forfeiture of the prize.
The prize may not be transferred or assigned; no substitutions or cash equivalents are allowed. Any and all taxes on the prize and reporting thereof, and any other costs, fees and expenses relating to the prize, are the sole responsibility of the Participant. By completing the Notebooks User Study or accepting the prize, the Participant represents and warrants that: (1) the Participant agrees to these Terms and Conditions and meets the eligibility requirements herein; (2) the Participant has obtained all required authorizations and permissions from the Participant’s institution or company to participate in the Notebooks User Study; (3) participating in the Notebooks User Study does not and will not violate any law or regulation, or any of the Participant’s institution’s or company’s rules or policies; and (4) the information provided by the Participant is true and correct in all material respects. The Sponsor may refuse to award the prize if the Sponsor determines in its sole discretion that doing so would likely result in a violation of an applicable law, rule, or policy.
CONSENT FOR RECORDING AND LICENSE FROM PARTICIPANT
By participating in the Notebooks User Study, Participant acknowledges and agrees and hereby grants to Sponsor the right to use and record Participant during the Study, including Participant’s name, likeness, recording, voice, opinions, statements, prize information, title and/or biographical information, ideas, results, discussions, intellectual property, and work product arising from the Notebooks User Study, for Sponsor’s internal business purpose including for improving Sponsor’s products and services.
All rights, consents, and licenses granted to Sponsor under these Terms and Conditions will survive the termination of the Notebooks User Study, and the mere ending of the Notebooks User Study or the Study Period is not sufficient to revoke such consent or license. Notwithstanding the foregoing, Participant’s consent and license for its name, likeness, recording, or voice may only be revoked in writing.
INDEMNITY, DISCLAIMER AND LIMITATION OF LIABILITY
By participating in the Notebooks User Study, Participant agrees on behalf of the Participant and the Participant’s institution or company to release, discharge, indemnify and hold harmless the Sponsor and its affiliates, subsidiaries, officers, directors, employees, agents and representatives from all liability for any injury, loss or damage, including death or property damage, due in whole or part, directly or indirectly, to the participation in the Notebooks User Study or the acceptance, possession, use or misuse of the prize. The Sponsor has not made any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to the prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. THE SPONSOR IS NOT RESPONSIBLE FOR LOST, LATE, STOLEN, INCOMPLETE, ILLEGIBLE, INACCURATE, UNDELIVERED, DELAYED OR MISDIRECTED ENTRIES, OR FOR ANY COMPUTER, THE INTERNET, EMAIL, TELEPHONE OR TECHNICAL MALFUNCTIONS OR DELAYS, OR FOR ANY HUMAN ERRORS THAT OCCUR IN THE PROCESSING, TRANSMISSION OR RECEIPT OF ENTRIES, OR FOR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION, OR IF THE NOTEBOOKS USER STUDY IS NOT CAPABLE OF BEING CONDUCTED AS PLANNED, INCLUDING BUT NOT LIMITED TO INFECTION BY COMPUTER VIRUSES, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR OTHER CAUSES BEYOND THE CONTROL OF THE SPONSORS. IN NO EVENT SHALL THE SPONSOR OR ANY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONJUNCTION WITH PARTICIPATION IN THE NOTEBOOKS USER STUDY OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THEM ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE SPONSOR’S TOTAL AND CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE NOTEBOOKS USER STUDY SHALL IN NO EVENT EXCEED THE TOTAL VALUE OF THE PRIZE.
RIGHT TO MODIFY OR CANCEL
The Sponsor reserves the right to suspend, modify, cancel or terminate the Notebooks User Study without advance notice, including, without limitation, in the event of any act, occurrence or reason that it believes would compromise the legality, integrity, administration or fairness of the Notebooks User Study.
If one or more provisions of these Terms and Conditions are held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall be valid and enforceable. These Terms and Conditions are governed by and shall be construed by the laws of the State of California, USA, without application of its choice of law principles. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. The failure of the Sponsor to comply with any provision of these Terms and Conditions due to civil unrest, threat of or actual acts of terrorism or war, embargoes, governmental actions, acts of God, earthquakes, floods, storms, fires, supplier delay, accidents, explosions, epidemics, quarantine restrictions, or other such contingencies beyond the control of the Sponsor, shall not be considered a breach of these rules.
CONTACT INFORMATION FOR THE NOTEBOOKS USER STUDY
Elastic Projects, Inc. dba Abstract
548 Market Street, PMB 24097
San Francisco, CA 94104