Official Rules for the Red Hat and IBM Red Hat Enterprise Linux SolutionTest Drive Promotion

APPLICABLE ONLY IN THE CONTINENTAL UNITED STATES. ENTRY INTO THIS PROMOTION CONSTITUES ACCEPTANCE OF THESE PROMOTION RULES. VOID WHERE PROHIBITED. NO PURCHASE NECESSARY.

  1. ELIGIBILITY
    This trade promotion is open only to professionals employed in the field of technology. To be eligible to enter the Red Hat® Enterprise Linux® Solution Test Drive Promotion (hereinafter, "Promotion"), you must be a legal U.S. resident who is above the age of majority. Employees, officers, and directors of Red Hat, Inc., and IBM and its subsidiaries and affiliated companies and their immediate families and those living in their households, are not eligible to participate in the Promotion. Government employees or contractors are not eligible to participate. If you are entering this promotion on behalf of your company or as an employee, you acknowledge that your employer has knowledge of the promotion and has consented to you entering and that you have the authority or permission from your company to provide information concerning your company's current IT infrastructure and acknowledge the company will be the winner of the Grand Prize. Void where prohibited. All federal, state and local laws and regulations apply. Residents of New York and Florida are not eligible to enter.
  2. TERM
    The Promotion begins at 11:59 p.m. eastern standard time (EST) on April 10, 2006 and ends at 11:59 p.m. EST on June 30, 2006 ("Term").
  3. SPONSOR
    Red Hat, Inc. ("Red Hat"), located at 1801 Varsity Drive, Raleigh, NC 27606, and IBM located 3039 E Cornwallis Road, Raleigh, North Carolina 27709 are the sponsors of the Promotion ("Sponsor").
  4. TO ENTER
    To be eligible to win, log on to www.redhat.com/explore/ittestdrive/, complete and submit the on-line entry form, including your name, address, telephone number, email address, company name and title and provide responses to the questions concerning entrants existing IT infrastrucuture and entrants interest in migrating to Linux®. A winner will be selected by random drawing from the eligible entry forms received. All Eligible Entry Forms must be complete and submitted electronically (at the URL listed above) by the end of the Promotion Period. Entries will not be accepted by any other means.

    LIMIT: Limit one entry per person. Subsequent entries will be disqualified. All entries become the property of Sponsor. They will not be returned or acknowledged. Sponsor is not responsible for lost, late, misdirected, mutilated, incomplete, illegible, or postage-due mail or e-mail, or for any computer-related, online, telephonic, or technical malfunctions that may occur. Entries are void if they are in whole or in part illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, or obtained through fraud or theft. By entering you agree to be bound by these Official Rules.

    Red Hat and IBM will be collecting personal data about participants when they complete and submit the Entry Form to enter the Promotion. Entrant will be bound by Sponsors Privacy Policy, located at www.redhat.com/legal/privacy_statement.html and www.ibm.com/privacy/us/.
  5. WINNER
    Prizes: Three (3) Grand Prize winners will be selected by random drawing and each winner will receive a prize package containing, two IBM system x3455 with dueal-core AMD Opteron(tm) processors complete with Red Hat® Enterprise Linux® ES, IBM DB2 Express C 9 with pure XML, implementation cost, plus three years of Red Hat Enterprise Linux support, 3 year onsite IBM support and one Red Hat Global Learning Services course up to a Maximum Retail Value of $2,500. Approximate Retail Value of prize package $19,000.00. All decisions on all matters pertaining to the Promotion are final. Red Hat reserves the right to substitute a prize of equal value. Limit one prize per person, family or household. Odds of winning depend on the number of eligible entries received.
  6. WINNER NOTIFICATION
    Sponsors will select one Grand Prize winner by random drawings on or about April 30, 2006, May 30, 2006 and July 5, 2006, from and among all eligible entries received and will be conducted at Red Hat corporate headquarters in Raleigh, North Carolina. The winner will be notified by telephone and e-mail. Non-winning entries will be carried over into subsequent prize drawings. Red Hat and its affiliates, subsidiaries, employees, agents, officers and directors, advertising and promotion agencies, and their respective officers, directors, employees and their respective agents will not be liable for unsuccessful efforts to notify a winner. The prize will be delivered by ground shipping within United States only, 6-8 weeks after prize notification. No prize transfer, assignment or substitution by winner is permitted. Sponsor reserves the right, in their sole discretion, to substitute the prize for a prize of equal value should all or part of a prize become unavailable for any reason. All federal, state and local taxes, fees and surcharges on prizes are the sole responsibility of the winners. If the winner declines the prize, fail to claim the prize, are unavailable for prize fulfillment, or fail to abide by the Official Rules, Sponsor may select an alternate winner from all remaining eligible entries.

    Each prize winner will be further required to submit an Affidavit of Eligibility and a liability/publicity release and confirmation that the prize winner has followed the rules of the sweepstakes, in the form supplied by Sponsor (the "Affidavit and Release"), signed by the prize winner. The Affidavit and Release must be signed and returned within seven (7) days of notification. Winner must provide a valid Social Security or Tax Payer ID number and will be issued a form 1099 if applicable. By participating in the Promotion, winner authorizes the deduction of applicable taxes directly from the prize, if required by law. If the potential winner decline the prize, fail to claim the prize, are unavailable for prize fulfillment, or fail to abide by the Official Rules, the prize will be considered forfeited and Sponsor may select an alternate winner from all remaining eligible entries.

  7. LIMITATION OF LIABILITY
    1. Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion.
    2. By participating, entrants and winners release Sponsor, its affiliated, parent, and subsidiary companies, its employees, agents and officers, advertising and promotion agencies, as well as all others associated with the development and execution of this Promotion, from and against any and all liability with respect to or in any way arising from the Promotion and the awarding and use of the prize. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Promotion entries or entry forms; or alteration of entries or entry forms.
    3. By participating in the Promotion, entrants agree to all the terms and conditions of Sponsor's privacy policies.
    4. Participants also agree (a) to be bound by these Official Rules; and (b) that the decisions of Sponsor are final on all matters relating to the Promotion.
    5. Before being declared a winner, each selected entrant will be required to sign an Affidavit of Eligibility, Release of Liability and/or Publicity Release, where lawful. These agreements and/or releases confirm the winner's compliance with the Promotion Rules and acceptance of the prize as offered and (i) release Sponsor and its agencies from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Promotion or participating in any prize-related activity or the acceptance, use or misuse of any prize, including without limitation costs injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom and (ii) granting Sponsor and its agencies the unrestricted rights, in their collective or individual discretion, to publish without any further compensation use of the winner's name, hometown, likeness, photograph, voice, statements or prize information for advertising and publicity purposes worldwide without limitation and without additional compensation, except where prohibited. (iii) agreeing to appear in a promotional video produced by Sponsor relating to Sponsors products and services. These agreements and/or releases must be returned within the time period specified therein or the selected entrant will be disqualified and the prize forfeited. Failure to return the required documents within the time period specified thereon may result in forfeiture of prize and selection of alternate winner from the remaining eligible entries. The name of the winners may be posted on the Sponsor's website(s).
  8. LAWS
    This Promotion is governed by the laws of the State of North Carolina, without regard to the conflicts of law provisions. Promotion is void where prohibited or restricted by laws, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond or any other requirements that are not satisfied by these terms and conditions.
  9. OFFICIAL RULES AND WINNERS LIST
    To obtain the Official Rules, please send a postcard to Red Hat, Inc., 1801 Varsity Drive, Raleigh, NC 27606. To obtain the names the winner's, visit www.redhat.com/training or send a request, along with a self-addressed, stamped envelope, to Red Hat, 1801 Varsity Drive, Raleigh, NC 27606, Attn: Marketing (Residents of Vermont need not supply postage).