Rules

Registration Sweepstakes

OFFICIAL PRIZE GIVEAWAY RULES & CONDITIONS Egnyte, Inc.

NO PURCHASE NECESSARY.

To enter the sweepstakes contest and be eligible to win, you must “subscribe” to the Egnyte channel on YouTube, create a home made video of your creative destruction of a “file server,” upload your video to youtube.com and send an email with a link to your video, including your name, address, and phone number. The video must include the Egnyte logo. Egnyte reserves the right to disqualify content that could be offensive, including but not limited to materials that are sexually explicit, use obscene language, or include derogatory references by race, sexual orientation and religion.

A complete entry must be submitted via email as described above between November 15, 2011 and January 3, 2012 to be eligible for the contest for the prizes.

Each entry is valid for the sweepstakes period in which it is submitted and only eligible for the judging held that period. Entry will only be accepted pursuant to the terms described herein during the following period: November 15, 2011 through, and including, January 3, 2012. All names, addresses, email addresses, and YouTube URLs entered must be valid or will be void. All entries become the property of Egnyte, Inc. Egnyte, Inc. is not responsible for lost, late, incoherent, incomplete, or misdirected entries, or any electronic miscommunications or failures, technical hardware or software failure of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the giveaway. Egnyte is not responsible for any damage to equipment, people, or the environment that may result from the creation of the video and disclaims any and all liability for any damages resulting from those actions. Please take necessary precautions as you destroy file servers.

BY ENTERING THE EGNYTE SWEEPSTAKES, ALL ENTRANTS AGREE TO ABIDE BY THESE OFFICIAL RULES.

Eligibility

This prize giveaway is open only to legal residents of the United States (excluding U.S. possessions, territories, overseas military installations, Puerto Rico, and residents of Rhode Island). All entrants must be at least 18 years of age or older to be eligible for this giveaway. Minors under the age of 18 may enter our prize giveaway with the permission of, and under the name of, their parent or legal guardian who will be the official entrant. Employees of Egnyte, its affiliates and subsidiaries, or companies or organizations directly related to this giveaway, and members of their immediate families (mother, father, sister, brother, grandmother, grandfather) and members of their households are not eligible to enter the giveaway. Void where prohibited or restricted by law. All federal, state, and local laws and regulations apply. Egnyte reserves the right, at its sole discretion, to disqualify any entry if it concludes that the entrant has tampered with the entry process or the operation of the giveaways or has acted in violation of the official rules or any applicable federal, state, or local laws or regulations.

Prizes

• 1st prize: AMD Radeon HD 6900 or equivalent (approximate value $700)
• 2nd prize: Sapphire Radeon HD 6970 (approximate value $350)
• 3rd prize: Sapphire Radeon HD 6950 (approximate value $250)

There will be a total of 3 prizes given away during this Sweepstakes Contest.

All taxes, including shipping and handling, and other incidental expenses not mentioned herein are the responsibility of the winner. No substitutions are allowed. Winner should allow two (2) to four (4) weeks for delivery of the prize.

Winner Selection

The sweepstakes contest winners of the prize will be selected based on the highest number of views on YouTube of their submitted video and the highest number of votes based on creativity by a panel of Egnyte judges which will take place on or around 2 weeks after the last day of the sweepstakes period. Each video submission is valid for only the contest period in which it is submitted. Winners will be notified by email or telephone. Egnyte will attempt to contact the winners via email or telephone a maximum of two (2) times within two weeks following the selection of the sweepstakes contest winner(s). If winners cannot be contacted by Egnyte after two (2) such attempts, Egnyte will conduct a new judging within two (2) business days of the final contact attempt, and an alternate winner will be selected from all eligible entries received. This process will continue until either the prize has been awarded or no valid entries remain, whichever occurs first. In case of a tie, the Egnyte judges will break the tie with a vote on the two contenders.

By entering the contest, entrants release and hold harmless Egnyte, all affiliates and subsidiaries of such entities, their employees, agents and representatives from any and all losses, damages, rights, claims, and actions of any kind in connection with the creation of the video, the promotion of the video or prize, or resulting from acceptance, possession, or use of any prize, including, without limitation, personal injuries, death or property damage, and claims based on publicity rights, defamation, or invasion of privacy. By entering the contest, entrants and winners consent to the use of their names, addresses, likeness and any statements they make in connection with this contest or about Egnyte without additional compensation, except where prohibited by law. Winners may be required to execute an affidavit of eligibility and a liability/publicity release that must be received by Egnyte within 14 days of the time it is sent by email or regular mail to the winner. Failure to respond to the prize notification or to return the affidavit and liability/publicity release on time will result in the loss of the prize and an alternative winner will be selected in accordance with the procedures set forth in these rules. Egnyte reserves the right, in its sole discretion, to suspend or cancel this contest at any time, for any reason including but not limited to computer virus, bug, worms, tampering, unauthorized intervention, fraud or other technical problem, security, or other problems or activities. In the event of cancellation, Egnyte reserves the right to award the prize in a random drawing from all entries received prior to the time of cancellation.

The laws of the United States and the State of California govern this prize giveaway. As a condition of participating in the giveaway, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this prize giveaway, shall be resolved individually, without resort to any form of class action, exclusively, by arbitration, located in Santa Clara County, California. Arbitration shall proceed under the rules of the American Arbitration Association then in effect.

IN NO EVENT WILL EGNYTE, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, 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 (i) YOUR ACCESS TO AND USE OF THE INTERNET SITE WWW.EGNYTE.COM, (ii) THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, or (iii) YOUR CREATION OF A VIDEO FOR SUBMISSION TO THIS CONTEST.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ENTRANTS ARE RESPONSIBLE FOR UNDERSTANDING AND ABIDING BY ALL FEDERAL, STATE, AND LOCAL LAWS, AND IN THE CREATION OF THEIR VIDEO SUBMISSIONS. ENTRANTS HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS EGNYTE AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, LOSSES, COSTS AND LEGAL FEES CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY NEGLIGENT ACT OR OMISSION OF THE ENTRANT IN THE CREATION AND SUBSEQUENT USE/DISSEMINATION OF THE SUBMISSION INCLUDING THE NEGLIGENT ACTS OR OMISSION OF ANY PERSON INVOLVED.

BY ENTERING OUR CONTEST OFFER, YOU AGREE TO RECEIVE OFFERS FROM US, OUR AFFILIATES, AND PARTNERS.

Egnyte is a registered trademark of Egnyte, Inc. All other trademarks are the property of their respective owners.