The Keynote Systems, Inc. - Promotion Official Rules for the FastWebRace Promotion

NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.

1.   Eligibility:
Entrants in the FastWebRace Competition Promotion (“Promotion”) must be 18 years of age or older.  Employees, officers and directors of Keynote Systems, Inc. (“Keynote” or “Sponsor”), their respective partners, subsidiaries, and affiliated companies, successors and assigns, and their immediate family members [spouses, parents, children, siblings] and individuals residing in their same household (whether or not related) are not eligible.  By participating, entrants agree to these Official Rules and the decisions of Sponsor, which are final and binding in all respects.  Void where prohibited.

2.   Promotion Period: 
Promotion begins May 15th 2009 and ends at Midnight, PST, June 30, 2009.

3.   To Enter:
To participate in the Promotion, an entrant will submit a script recorded using KITE (Keynote Internet Testing Environment) showing a Web transaction or navigation path through a Web site.    As part of the Promotion each entrant will be asked to submit one active email address and their street number mailing address. Incomplete submissions are not eligible for the Promotion drawings.

Completed submissions and entry must be received online by Sponsor by Midnight, PST, September 1, 2009 for entrant to be eligible for the random prize drawings. Sponsor nor either of their agencies are responsible for illegible, lost, stolen, late, damaged, incomplete, mutilated or misdirected entries.

4.   Random Drawings: 
Five (5) Prize winners will be randomly selected from all eligible entries subject to verification of eligibility and compliance with the Official Rules. The drawings will be held on or around September 15th 2009 and will be performed by Sponsor. Winners will be notified by email, on or about September 30th 2009. The Prize will be delivered at the cost of Sponsor via UPS to winners’ resident street number mailing address (prizes will not be delivered to P.O. Box addresses). Prizes must be claimed within thirty days from prize notification.

5.   Drawing for Random Prizes: Total of Five Prizes

• A free performance assessment of Participant’s Web application from Keynote’s Performance experts, and  
• A free full conference pass (valued at $2,400) to attend the O’Reilly Velocity Web Performance and Operations Conference in San Jose, CA on June 22-24, 2009 ©2009, O'Reilly Media, Inc.

6.   General Conditions
(a)  By participating, entrants agree that Sponsor, its shareholders, agents and representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors are not responsible or liable for, and shall be released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (ii) any condition caused by events beyond the control of Sponsor that may cause the Promotion to be disrupted or corrupted; (iii) any printing or typographical errors in any materials associated with the Promotion; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Promotion, acceptance, possession, or use of the prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.  Sponsor reserves the right, in its sole discretion, to, (a) modify, suspend or terminate the Promotion at any time in its entirety for any reason prior to the stated expiration date, or (b) extend the Promotion date(s) beyond the stated expiration date(s). All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.

(b)  By accepting a Promotion prize, except where legally prohibited, winner grants (and agrees to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade publicity, promotional and commercial purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet, without notice, review or approval.  

(c)        Winners shall be required to complete an affidavit or declaration of eligibility/liability release and, except where prohibited, a publicity release and such other documents as may be required by Sponsor. Required documents must be signed and  received within 10 days of the date printed on the prize notification.  Failure to execute or timely return the prize notification documentation may result in forfeiture of prize and an alternate winner will be randomly selected from the remaining eligible entries received by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash or credit.  Prizes will only be awarded in conformity with winner’s employer’s policy regarding participation and accepting prizes in trade incentive programs.  All necessary taxes and duties on the prize, and any other costs associated with maintaining or operating the prize, are the sole responsibility of the winner.  Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winners.  Accepting the prize constitutes permission (except where prohibited by law) to use winners’ names, hometown (including state), and/or likeness for promotional purposes without further compensation.

7.   Drawing Winners:
For names of winners, mail a self-addressed stamped envelope for receipt by September 15th 2009 to:
Keynote Systems, Inc.
Attn:  Direct Marketing Promotions
777 Mariners Island Boulevard
San Mateo, CA 94404

8.   Sponsor:  
Keynote Systems, Inc.
777 Mariners Island Boulevard
San Mateo, CA 94404 USA
Tel: (650) 403-2400
http://www.keynote.com

See Keynote’s Privacy Policy at http://panel.xms.keynote.com/contracts.asp regarding use of all material entered and/or submitted for this Promotion or otherwise collected by this site.