MY SWITCH TO VMWARE FUSION VIDEO TERMS AND CONDITIONS

ELIGIBILITY

To participate in the VMware Fusion Video Contest (the "Contest"), you must be at least 18 years old. Contestants may submit as many entries as they wish, but may only win one (1) prize. All entries must be received by VMware, Inc. (“VMware”) no later than May 15th, 2008 at 11:59 PM PST. By participating in the Contest, you agree to be bound by these rules and to all decisions of VMware which are final, binding and conclusive in all matters.

ENTRY REQUIREMENTS

Contestants must submit via the web form located at http://www.vmware.com/landing_pages/switchtofusion/video-contest.html a link to a blog post containing a video and/or the written account documenting the contestant’s switch to VMware Fusion from a competing product.

Videos and blog posts should adhere to the guidelines provided in the documents located at:

• Video Guidelines (pdf)
• Blog Post Guidelines (pdf)

PRIZES

Top Prize for the Switch to Fusion video entry, will be a MacBook Air, will be awarded for the top selection of the judges based on the judging criteria referenced above. There will be one (1) winner selected. The winner will receive an Apple Mac Book Air. Approximate Retail Value (“ARV”): 2000 USD.

Top Prize for the Switch to Fusion blog story submission, will be an iPod Touch will be awarded for the top selection of the judges based on the judging criteria referenced above. There will be one (1) winner selected. The winner will receive an Apple iPod Touch. Approximate Retail Value (“ARV”): 299 USD.

JUDGING

Switch to Fusion Video Entry

VMware judges will grade entries using the following criteria:

• Shows value of virtualization on Mac (20%)
• Production value of video-crispness of editing, sound quality, inclusion of screencasts, music, etc. (20%)
• Describes why switching to VMware Fusion was important (20%)
• Originality and interestingness of video's storyline line (20%)
• Demonstrates applications not available for Mac OS X (20%)

Switch to Fusion Blog Story Entry

VMware judges will grade entries using the following criteria:

• Detail of description of use of VMware Fusion (25%)
• Use of screencaps and images (25%)
• Demonstration of innovative use of VMware Fusion (25%)
• Describes why switching to VMware Fusion was important (25%)

The judges shall have the sole authority and discretion to select the award recipient(s).

PROHIBITED CONTESTANTS

Full and part-time employees of VMware as well as those who are performing internships during the Contest duration and those involved in the production (including prize suppliers), implementation and distribution of this Contest 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 Contest and members of the immediate families and/or persons living in the same household as such persons, are ineligible to enter the Contest. This Contest is void where prohibited or restricted by law. Prizes will not be awarded to residents of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria.

PRIZE WINNERS

Prize winners are expected to be announced on May 30th 2008. Following the announcement, winners will be notified by e-mail. Winners have 30 days from notification to claim the prize. Prize must be claimed by return e-mail or via mail to: Switch to Fusion Contest, 3401 Hillview, Palo Alto, CA 94304, USA. Unclaimed prizes will not be awarded. Prizes 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 prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.

As a condition of winning, Contestants may be required to complete and provide to VMware the following: (i) Affidavit of Eligibility and Liability and Publicity Release (the "Affidavit"), and (ii) IRS Form W-9 or W-8BEN or other tax form, as applicable. In completing the Affidavit, a winner (a) confirms his/her eligibility, (b) represents and warrants that he/she has not cheated; that the idea for the entry submitted is his/hers alone, (c) verifies the accuracy of the information submitted in the Contest registration process, (d) authorizes VMware to publicize the Contest results and winners, (e) agrees to sign any applicable forms required by tax authorities, and (f) releases VMware from liability arising out of any prize won.

PUBLICITY

If you are selected as a Contest winner, you agree that VMware may publicize your name, likeness, and a description and link to entry. Apart from the prizes associated with being selected as a winner, VMware shall not be obligated to compensate you in any way for such publicity. In addition, all prize winners 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 winners relating to VMware and any and all rights to said use, without further compensation.

WARRANTY

Contestant warrants that their entry will not contain any (a) materials that are pornographic, obscene, excessively profane, gambling-related, deceptive, fraudulent, illegal, defamatory, infringing, threatening, invasive of another’s privacy, or racially, ethnically or otherwise objectionable or (b) viruses, Trojan horses, worms, time bombs or other computer programming routines related to “hacking” or “cracking” or which damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Contestant further warrants that they will not interfere with any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories.

RIGHT TO USE

In submitting an entry, Contestant grants VMware, it’s subsidiaries and it’s affiliates the right to use, link and/or display Contestant’s video, blog entry and personal information provided in Contestant’s entry. Entries shall be free from any third-party obligations including any third-party copyright or IP. Contestant shall be solely responsible for securing properly executed and valid releases, including permission from any individuals, companies, talent or vendors whose image, property owner, appears or voice is heard in the video submission. Contestant agrees that he/she shall have no claim to compensation or approval rights, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of VMware’s use or alteration of Contestant’s information or video. The decision to use, link and/or display Contestant’s entry is at VMware’s sole discretion.

INDEPENDENT DEVELOPMENT

Notwithstanding anything herein to the contrary, VMware reserves the right to (a) independently design, develop, acquire, market, service or otherwise deal in, directly or indirectly, products or services competitive with those of the Contestant; or (b) assign personnel for any purpose.

INDEMNIFICATION

Each Contestant shall indemnify, defend, and hold VMware, and all of their respective affiliates, subsidiaries, directors, officers, employees, representatives and agents, harmless from and against any and all liability for any loss, property damage or damage to person or from any third party claims arising from or related to that Contestant's participation in the Contest. In no event shall VMware be liable to a Contestant for acts or omissions arising out of or related to the Contest or Contestant's participation in the Contest. All taxes, including income taxes, are the sole responsibility of winners. No prize substitution is permitted. Winner(s) may be required to verify their entry.

LAW/JURISDICTION

The Contest and the rights and obligations of VMware and Contestants 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 Contest.

Do you agree to these Terms and Conditions?