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- Eligibility: The SolarWinds ‘Tales from the Trenches’ System Administrator Appreciation Day Contest (the “Contest”) is open only to legal residents of United States who are eighteen (18) years of age or older. Employees of SolarWinds Worldwide, LLC or other companies associated with the promotion of the Contest, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited.
- Sponsor: The Contest is sponsored by SolarWinds Worldwide, LLC, 3711 South MoPac Expressway, Building Two, Austin, TX 78746 (the “Sponsor”).
- Summary of the Contest and Agreement to Official Rules: Sponsor is holding a contest of original written works relating to each Entrant’s ‘tale from the trenches’ as a SysAdmin. Participation in the Contest constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winners will be selected from the submissions, which best demonstrate their success stories, tales of triumph, or vignettes of victory as a SysAdmin. Winners will be selected by a SolarWinds Judging Panel and by members of the thwack community, and prizes will be awarded to the winners of the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. You will not be eligible to win a prize if you are not eligible to participate in the Contest or if you are disqualified.
- Entry Period: The Contest will commence on 6:30 a.m. CST on Wednesday, June 27, 2012, and an Entrant must enter by posting a comment in the appropriate thread on thwack® community forum prior to 11:59 p.m. CST on Friday, July 27, 2012 (“Entry Period”). Entrants submitted before or after the Entry Period will not be eligible for the Contest.
- How to Enter: Entrants must have a thwack account and must submit their best original story about their experiences “in the trenches” as a SysAdmin on thwack during the Entry Period. Entries should be 500 words or less and should include a subject line. By submitting a story, you will receive one (1) entry into the Contest. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void.
- Determining the Winners: Throughout the Entry Period, Entrants can submit their best original “tale from the trenches” as a SysAdmin for evaluation. Once the Entry Period is complete, the top winner will be selected by a panel of Sponsor’s judges (to include SysAdmin bloggers and a reporter, a SolarWinds employee, and the founder of SysAdmin Day) (“Judging Panel”) according to the following Judging Criteria: the quality of the Entry, uniqueness, and general entertainment of the story, including whether it is interesting, shocking, horrible, funny, etc. The top winner will be selected by the Judging Panel. Four additional winners will be chosen by thwack community members, who will select their favorites by voting them up using thwack’s new Ideation platform; all voting by the thwack community must be completed by Friday, August 3, 2012 at 10:00 a.m. CST. If a winner is selected by the Judging Panel, s/he will not be eligible to win the thwack favorite. All decisions will be finalized on August 14, 2012 at 10:30 a.m. CST; these decisions will be final, except as noted herein. The odds of being selected depend on the relative performance of all Entrants.
- Notification and Potential Winner Requirements: SolarWinds will attempt to notify the winners via email and the thwack forum on August 14, 2012. If the potential winner does not respond within five (5) business days, the Sponsor will select an alternate potential winner in his/her place from all remaining entries received. The potential winners may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within seven (7) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, he/she will forfeit the prize and an alternate Entrant may be selected in his/her place in a random drawing of all entries received. Only five (5) alternate potential winners may be contacted.
- Prize: The “Tale” that is ranked the highest by the Judging Panel will win an Apple® gift card equal to the cost of an Apple® 32 GB WiFi iPad, with the approximate retail value of $499.00, and an original piece of art to represent his/her story, with an approximate retail value of $50.00. The following four winners, as chosen by the thwack community, will each win a $50.00 gift card to ThinkGeek, with the approximate retail value of $50.00.
Any prize details not specified above will be determined by the Sponsor in its sole discretion. The prize is not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for taxes and any and all other costs and expenses not listed above.
- Disqualification: The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. All entries that are incomplete, illegible, damages, irregular, have been submitted through illicit means, or do not conform or satisfy the Official Rules may be disqualified by Sponsor.
- General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the Entrant. The “authorized account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
- Release and Limitations of Liability: By participating in the Contest, Entrants agree to release and hold harmless the Sponsor, its officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) printing errors; (c) lost, late, postage-due, misdirected, or undeliverable mail; (d) errors in the administration of the Contest or the processing of entries; or (e) injury (including death) or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- Entrant’s Representations and Warranties: By entering this Contest, Entrant represents and warrants:
Entrant has read the Contest Official Rules and is providing all information related to this Content to Sponsor. Entrant has secured all necessary rights and permissions for Entrant’s submission, including any and all licenses, releases, and/or waivers. Entrant agrees to hold Sponsor and its affiliates and agents harmless from damage or loss that may result from Entrant’s failure to secure necessary rights and permissions. Entrant retains ownership of Content submitted for the Contest. Entrant grants to Sponsor and its affiliates an irrevocable, non-exclusive and royalty-free, worldwide, perpetual right and license to reproduce, distribute, broadcast, post, publish, transmit, encode, store, and/or otherwise use or display, in whole or in part, any Content submitted in connection with this Contest for the purpose of promoting the Contest or Sponsor, in all media now known or hereafter devised. Entrant grants to Sponsor and its affiliates the rights and licenses free of charge and agrees that no further permissions from or payment of compensation or royalties to Entrant or any other party are required. Entrant also waives any intellectual property rights, privacy or publicity rights, moral rights, or any other legal right Entrant may have acquired in the Content submitted or its elements, if any; and Entrant waives any claim and agrees not to assert any claim against Sponsor, its licensees, or affiliated or related companies for their use of the Content submitted. No further permissions, consents or payments are required from or to Entrant or any third party in connection with the use by Sponsor of the rights granted hereunder, there is and will not be any agreement with a third party that may in any way interfere with Sponsor’s rights under this license, and such rights are and shall be free and clear of any and all claims, rights and obligations whatsoever.
Entrant represents and warrants that the Content does not infringe on any intellectual property, privacy, or publicity rights or any other legal or moral rights of a third party. The Content submitted is not offensive to the community (for example, the content does not promote racism, bigotry, hatred or physical harm of any kind against any group or individual); the Content is not harmful to minors, the Content does not harass or advocate harassment of another person, the Content does not promote information that is false, misleading, or illegal; the Content does not promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; the Content does not contain any confidential information of any kind; the Content does not display pornographic or sexually explicit material of any kind; the Content does not otherwise contain content that could be reasonably seen as inappropriate.
Sponsor reserves the right to review any Content submitted at any time, and to disqualify any entry which, in its sole discretion, is deemed to be inappropriate, offensive, unsuitable, or it deems may otherwise be in violation of these Contest rules, applicable laws or regulations, or the rights of any third party.
- Disputes: Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Texas. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Texas, without giving effect to any choice of law or conflict of law rules (whether of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Texas.
- Contest Results: To request a winner list, send a self-addressed, stamped envelope to: SolarWinds Worldwide, LLC, Attn: Jodi Bart, Senior Corporate Communications Manager; 3711 South MoPac Expressway; Building Two; Austin, Texas 78746. Requests must be received within four (4) weeks of the end of the Entry Period.
- No Relationship: Participating in the Contest does not constitute any relationship between the Sponsor and the Entrants.
- Terms Subject to Change: Terms are subject to change by Sponsors, as necessary.