OpenVPN® Cloud Testimonial Contest

Description and Rules

1.1 OpenVPN has created a contest (the “Contest”) in which participants (“Participants”) submit testimonials about their evaluation of and experience with OpenVPN Cloud with their products and services and are eligible to receive prizes for submitting winning testimonials. There is no cash fee or other payment required to participate in the Contest. The Contest is aimed at achieving a socially useful goal - to encourage and reward honest video and written customer reviews of OpenVPN® products. The following sets forth the rules of the Contest (hereafter referred to as the “Rules”).

1.2 The Contest is held on OpenVPN’s website: www.openvpn.net (link for access: https://www.openvpn.net/videoreview), located in the public domain on the Internet.

1.3 Testimonials must be about the Participant’s use of OpenVPN Cloud product listed on OpenVPN’s website at www.openvpn.net. Testimonials may be in the form of a video presentation or a written presentation.

1.4 The organizer of the Contest is OpenVPN, Inc. (which is referred to in these Rules as the “Organizer.”)

1.5 The Contest period begins April 2022 and runs indefinitely at the discretion of the Organizer. The winners of the Contest are selected from all submitted entries each quarter beginning April 2022. The Organizer may terminate the Contest at any time in its discretion.

2.1 To participate in the Contest, the Participant’s represented company must be using OpenVPN® Cloud.

2.2 Persons must be at least 18 years of age to participate in the Contest.

2.3 Employees, service contractors, directors, and officers of the Organizer and their immediate family members (such as spouse, children, or parents) are not eligible to participate in the Contest.

2.4 A Participant may take part in the Contest one time only.

3.1 There will be no charge to participate in the Contest.

3.2 Participants must make their entry available for unrestricted use by an authorized OpenVPN® representative.

3.3 Requirements for Testimonials:

3.3.1 Testimonials must be in English.

3.3.2 The spoken introduction to a video should begin with the phrase: "My name is______, I’m the {Role} and {Company Name}, and this is my review of OpenVPN Cloud.”

3.3.3 The length of the video should be from 3 to 10 minutes.

3.3.4 The video should be in a format that complies with OpenVPN videographer’s direction.

3.3.5 Testimonials must not: (i) be immoral; advocate violence, promote racial, ethnic or national, or religious animosity or intolerance; promote criminal activity; or advocate the violent overthrow of a government, (ii) contain pornography, profanity, or statements, gestures, or expressions that are obscene or offensive; (iii) advocate or display violent or cruel acts toward people or animals; (iv) promote prostitution, sexual exploitation of adults or children, or human trafficking; (iv) promote gambling, vagrancy or begging; or (v) promote the sale or use of alcohol, tobacco products, or illicit drugs, or the sale or use of legal drugs for recreational purposes.

3.3.6 Participants in video Testimonials must be wearing professional or business casual attire.

3.3.7 Testimonials may not contain advertising for the Participant’s or a third party’s products or services or contain links to webpages containing such advertising.

3.3.8 The Participant may not use fragments of videos, writings, music, videos, or artwork protected by copyright (a “Copyrighted Work”) in submissions unless the Participant has an unrestricted, worldwide, assignable license to that Copyrighted Work to include that work in the Testimonial and to sublicense to OpenVPN (on a worldwide, perpetual, assignable, sublicensable, royalty-free basis) the right to use, copy, perform, and to display that Copyrighted Work and to incorporate that Copyrighted Work in derivative works OpenVPN, Inc. or its affiliates and their respective licensees may create.

3.3.9 Video Testimonials must have satisfactory graphics and sound quality for display on the openvpn.com website as determined by the Organizer.

3.3.10 Testimonials must comply with the laws of the United States of America and the State of California.

3.4 In addition to any other criteria that the Organizer establishes in its discretion for posting Testimonials on the OpenVPN website, video or written materials that violate these Rules or are submitted by persons not eligible to participate in the Contest will not be posted on the OpenVPN website.

3.5 All Testimonials undergo preliminary moderation by OpenVPN and must successfully pass the moderation period prior to the Testimonial being published on the OpenVPN® website. OpenVPN will have the sole right to determine the moderation criteria for Testimonials.

4.1 All submitted testimonials that have passed OpenVPN moderation as described in 4.2 will be entered into quarterly drawing where winners are selected at random. Selected entries are eligible for one drawing only.

4.2 Testimonials will be evaluated based upon, among other criteria, the Organizer establishes, [the quality of the presentation, how effectively the Testimonial demonstrates how the Participant uses OpenVPN Cloud to improve its products or business operations, etc]. OpenVPN will have the right to determine in its absolute discretion to which of the testimonials best satisfy its criteria for entry into a random drawing, and its selection of the winning entries is final and not subject to appeal.

4.3 OpenVPN approved video testimonials will be entered into a quarterly random drawing where one entry will be selected to receive a $500 Amazon gift card. OpenVPN approved written testimonials will be entered into a quarterly random drawing where one entry will be selected to receive a $300 Amazon gift card and two entries will be selected for $100 Amazon gift cards. The Organizer may substitute different prizes with an equivalent cash value in its discretion.

4.4 The Organizer will announce winning Testimonials and has the right to publish any submitted video or written Testimonial on its website. The Organizer will announce winning Testimonials approximately 10 days after the quarter has ended. If this date falls on a weekend or a federal holiday, the Organizer will endeavor to publish the results on the first working day after that date.

4.5 The Organizer will also notify each winning Participant by sending a personal message to the email address or by SMS text to the email address or phone number the Participant has provided to the Organizer. The Organizer will provide this notification approximately five working days after the end of the quarter.

4.6 The Organizer will email prizes to the winning Participants within one month of the announcement of their winning Testimonials.

By submitting a Testimonial for entry in the Contest, the Participant agrees as follows:

5.1 The Participant accepts all of these Rules and will comply with them.

5.2 The Participant’s Testimonial may be made available for viewing, voting and comment by the Organizer and the public.

5.3 The Participant consents to the use and display of the Participant’s name and likeness as it appears in the Participant’s Testimonial by OpenVPN and OpenVPN’s affiliates for advertising and other promotional purposes.

5.4 The Participant is not entitled to and has no expectation of, any compensation for the use and display of the Participant’s name and likeness in any Testimonial by the Organizer or any of the Organizer’s affiliates or third parties.

5.5 The Participant waives all privacy expectations the Participant has with respect to any Testimonial.

5.6 The Participant grants OpenVPN a non-exclusive, perpetual, worldwide, assignable, sublicensable, royalty-free license to use, copy, perform, translate, and display the Testimonial in any medium, to incorporate the Testimonial and portions thereof in other works, and to create derivative works from the Testimonial.

5.7 The Participant represents that the Testimonial does not infringe on any copyright or other right of any third party, and that the Participant has the right to grant any and all rights and licenses granted to the Organizer, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. The Participant will indemnify and hold harmless the Organizer and its officers, directors, employees, affiliates, agents and assigns from any against all claims, costs, liabilities and damages (including for attorneys’ fees incurred in defending any such claims) which any of them incur as a result of the Participant’s representation in this Section 5.7 being inaccurate in any way.

6.1 The Organizer is not responsible for the operation of the Internet by the Participant (for example, for the work of companies providing Internet services to the Participant), cellular mobile telecommunication operators (poor connection with the operator, etc.)

6.2 The Organizer is not responsible for the impossibility of contacting the prize winners in the event of inaccurate information provided by the Participant.

6.3 Questions concerning the Contest should be addressed to the Organizer at <openvpn.videoreview@openvpn.net>

6.4 The Organizer reserves the right to reject any Testimonial from participation in the Contest in its sole discretion, regardless of the reason for that rejection.

6.5 The Organizer may amend these Rules and terminate the Contest at any time in its discretion. The Organizer will make amendments to the Rules and announcement of any termination of the Contest on the Organizer’s website. Only amendments to these Rules that the Organizer publishes on its website will be deemed valid amendments of these Rules.

6.6 These Rules, as set forth in this document, constitute all of the rules of the Contest. No other documents or statements made by any person, whether oral or in writing, will be deemed to supplement or modify these Rules in any way.