VMworld 2013 Refer-a-Colleague Program Terms & Conditions

ELIGIBILITY
To participate in this promotion (the "Promotion"), you must be at least 18 years old and a registered and fully paid VMworld 2013 attendee ("Qualified Attendee"). The Promotion commences on May 2nd, 2013 at 12:00 AM PST and ends on October 4, 2012 at 11:59 PM PST. To be entered into the drawing, your colleagues must use the link in the referral email (generated by our Refer-a-Colleague tool) by October 4, 2013 at 11:59 PST, register for a Full Conference pass and have a settled payment status. It may take up to twenty-four (24) hours after clicking the link in the referral email for an entry to be counted as a qualified referral. If you cancel your paid registration, you will not qualify for a reward. Offer is not retroactive.

VMware's computer is the official time-keeping device for the Promotion. Only one (1) entry and one (1) reward per Qualified Attendee. Any attempt by any Qualified Attendee to obtain more than one entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Qualified Attendee's entries and that Qualified Attendee may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Participation constitutes Qualified Attendee's full and unconditional agreement to these Terms and Conditions, and VMware's decisions, which are final and binding in all matters related to the Promotion. Receiving a reward is contingent upon fulfilling all requirements set forth herein. VMware reserves the right to modify or discontinue promotions at any time.

ENTRIES
Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at VMware's servers or elsewhere, will not be eligible. VMware, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of VMware. VMware further reserves the right to cancel, terminate or modify the Promotion for any reason, including inability to complete as planned by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. In the event of a dispute, entries will be deemed submitted by the account holder of the email address submitted at the time of entry.

PROHIBITED PARTICIPANTS
Full and part-time employees of VMware as well as those who are performing internships during the Promotion duration and those involved in the production (including reward suppliers), implementation and distribution of this Promotion and their advertising or promotion agencies, parent companies, service providers, agents, officers, subsidiaries or affiliates, or any other persons or entities directly associated with the Promotion and members of the immediate families and/or persons living in the same household as such persons or any officer or employee of a government or any department, agency or instrumentality thereof, or any person acting in an official capacity for or on behalf of any such government, department, agency, or instrumentality, are ineligible to enter the Promotion. This Promotion is void where prohibited or restricted by law. Rewards will not be given to residents of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria. Offer not valid for VMworld 2013 Group Discounts.

REWARDS
Qualified Attendees submitting at least one (1) qualified referral may receive: One (1) $25 VMware Store gift card with approximate retail value (ARV) of US $25.00. Qualified Attendees submitting five (5) to nine (9) qualified referrals may receive: One (1) Amazon Kindle Fire with approximate retail value (ARV) of US $200.00 or one (1) Apple iPod Touch with approximate retail value (ARV) of US $ 200. Qualified Attendees submitting ten (10) or more qualified referrals may receive: One (1) Apple iPad with approximate retail value (ARV) of US $499.00. *Referral must register and pay for event in for Attendee to receive reward.

Additionally, the Qualified Attendee who submitted ten (10) or more qualified referrals will be entered into a drawing to win : One (1) fully paid Full Conference Pass to VMworld 2014 to be redeemed at Qualified Attendee’s choice of either the US or Europe location with approximate retail value (ARV) of either US $1195.00 or Europe €1,000. Rewards are non-transferable and no substitution will be made except as provided herein at VMware's sole discretion. VMware reserves the right to substitute a reward for one of equal or greater value if the designated reward should become unavailable for any reason.

Recipients are responsible for all taxes and fees associated with reward receipt and/or use. Recipients will be contacted via the email address provided during registration and will receive their reward by October 31, 2013. Each recipient may be required to show proof of being the authorized account holder. Recipients may also be required to sign and return to VMware an affidavit of eligibility and liability/publicity release (or Declaration of Compliance, if a non-US resident) in order to claim his/her reward. If a recipient fails to sign and return the affidavit of eligibility and liability/publicity release (or Declaration of Compliance, if non-US resident) recipient forfeits the reward.

LIMITATION OF LIABLITY
By entering the Promotion or receipt of any reward, each Qualified Attendee agrees to release and hold harmless VMware and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and Reward suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the promotion or receipt or use or misuse of any reward.

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Qualified Attendee, printing errors or by any of the equipment or programming associated with or utilized in the promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the promotion; (4) technical or human error which may occur in the administration of the promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a Qualified Attendee's participation in the promotion or receipt or use or misuse of any Reward. If for any reason a Qualified Attendee's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Qualified Attendee's sole remedy is another entry in the promotion, provided that if it is not possible to award another entry due to discontinuance of the promotion, or any part of it, for any reason, VMware, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the rewards offered herein.

PUBLICITY
You agree that VMware may publicize your name, likeness and description in conjunction with this program. VMware shall not be obligated to compensate you in any way for such publicity. In addition, all reward recipients agree to cooperate with VMware's publicity efforts, including the agreement to use their name, address (city, state and country only) and likeness for publicity purposes and to use the statements made by, or attributed to, the recipients relating to VMware and any and all rights to said use, without further compensation.

LAW / JURISDICTION
The Promotion and the rights and obligations of VMware and Qualified Attendees will be governed and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, Santa Clara County. The parties consent to the jurisdiction of the state courts of California and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Promotion.

The Sponsor of this promotion is VMware, Inc., 3401 Hillview Drive, Palo Alto, CA 94304 U.S.A.