SysAdmin Day Contest 2013 Terms & Conditions

Version 4

    SolarWinds® 2nd Annual SysAdmin Day Audience Participation Contest:  Official Rules

     

    No Purchase Necessary.  A Purchase Will Not Increase Your Chances of Winning.

     

    1. Eligibility: The SolarWinds 2nd Annual SysAdmin Day Audience Participation Contest (“Contest”) is open only to legal is open only to legal residents of the 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.
    2. Sponsor:  The Contest is sponsored by SolarWinds Worldwide, LLC, 3711 South MoPac Expressway, Building Two, Austin, TX 78746 (the “Sponsor”).
    1. Agreement to Official Rules:  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. Being eligible for a prize is contingent upon fulfilling all requirements set forth herein and the number of participants that enter the Giveaway.

     

    1. Entry Period:  The Contest begins at 6:30 a.m. CDT on July 1, 2013 and ends at 12:00 p.m. CDT on July 25, 2013. Entries submitted before or after the Entry Period will not be eligible for the Contest.
    1. How to Enter:  Entrant must post an original meme (single tile or six tile) at www.thwack.com (“Content”).  Entrant may submit an unlimited number of memes in each category for an unlimited number of submissions, although each Entrant will only be eligible to receive one prize.  Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void.

     

    Eligibility for thwack Points:  Share on Facebook or Twitter to receive thwack points.  To be eligible to receive thwack® points, Entrant must use the hashtag #swsysadminday in order to earn points.

     

    1. Winners:

     

    Audience Favorites.  On July 26, 2013, the top three entrants with the most audience votes in the Contest will win prize, regardless of which category.  The entrant with the most votes in either category will win a Microsoft® Surface RT 32GB, with approximate retail value of $499.99, and a red touch cover, with an approximate retail value of $119.99, with an approximate total retail value of $620. The entrant with the second highest number of votes in either category will win a Google® Chromebook 3G, with an approximate retail value of $329.00. The entrant with the third highest number of votes in either category will win a $100 ThinkGeek® gift card, with the approximate retail value of $100.  This decision will be final, except as noted herein.  The odds of being selected depend on the number of votes each entrant receives and the number of eligible entries received.

     

    All Entrants.  All Entrants that properly submit Content during the Entry Period may share submission(s) on Twitter® or Facebook® to receive fifty (50) thwack points for each entry received, provided the proper hashtag is utilized (#swsysadminday). Thwack points may be redeemed on the thwack store for the items displayed thereon.

     

    1. Potential Winner Requirements:  Each potential winner 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.

     

    1. Prize:  The first place winner will receive Microsoft Surface RT 32GB, with approximate retail value of $499.99, and a red touch cover, with an approximate retail value of $119.99, with an approximate total retail value of $620. The second place winner will receive a Google Chromebook 3G, with an approximate retail value of $329.00.  The third place winner will receive a $100 ThinkGeek gift card, with the approximate retail value of $100.  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.
    1. 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 holds 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 agrees and understands that Sponsor is not required to utilize any of the Content submitted by the Entrant. 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 submitted is an original work created by the Entrant and 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.

     

    1. 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.  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.  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.
    1. 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.

     

    1. Privacy and Publicity: Except as set forth herein, any information you submit as part of the Contest will be used for purposes of this Contest and treated in accordance with Sponsor’s Privacy Policy. Except where prohibited, participation in the Contest constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
    1. 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.

     

    1. Contest Results:  To request a winner list, send a self-addressed, stamped envelope to: thwack Community Manager; Attn: Danielle Higgins; 3711 South MoPac Expressway; Building Two; Austin, Texas 78746. Requests must be received within four (4) weeks of the end of the Entry Period.