DameWare® Scavenger Hunt Terms & Conditions

Version 1

    DameWare® v10 Scavenger Hunt Sweepstakes:
    Official Rules

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

    1.      Eligibility:  The DameWare v10 Scavenger Hunt Sweepstakes (“Sweepstakes”) 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 Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited.

     

    2.      Sponsor:  The Sweepstakes is sponsored by SolarWinds Worldwide, LLC, 3711 South MoPac Expressway, Building Two, Austin, TX 78746 (the “Sponsor”).

     

    3.      Agreement to Official Rules:  Participation in the Sweepstakes 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 Sweepstakes.

     

    4.      Entry Period:  The Sweepstakes begins at 6:30 a.m. CDT on July 1, 2013 and ends at 12:00 p.m. CDT on July 31, 2013. Entries submitted before or after the Entry Period will not be eligible for the Sweepstakes.

     

    5.      How to Enter:  Visit www.thwack.com and answer the ten (10) questions of the SolarWinds DameWare v10 Scavenger Hunt, and submit.  All ten (10) questions must be answered correctly in order to be entered in the drawing to win the prize. All entrants will receive 300  thwack points for each correct answer. Upon proper completion of the SolarWinds DameWare v10 Scavenger Hunt quiz and provision of Entrant’s thwack user identification, you will be able to enter the Sweepstakes drawing and receive your thwack points for correct answers.

     

    Entrants may take the quiz an unlimited number of times, although each Entrant will only be eligible to receive one entry for the drawing. Submissions via free-mail email addresses will not be accepted by Sponsor and will disqualify the Entrant.  Entries submitted before or after the Entry Period will not be acknowledged.

     

    6.      Winner:  Sponsor will select one (1) potential winner in a random drawing of all entries received during the Entry Period to win the prize.  A drawing will occur on August 1, 2013.  The odds of being selected depend of the number of entries received for the applicable drawing.

     

    7.      Prizes Available:

    One iPad® mini.

    On August 1, 2013, one (1) winner will be selected from a random drawing to win an iPad mini 16GB, with the approximate retail value of $329.  In the Sweepstakes, the winner is responsible for paying any applicable income taxes and any and all other costs and expenses not listed above. Any prize details not specified above will be determined by Sponsor in its sole discretion. A prize may not be transferred and must be accepted as awarded. You may not request cash or a substitute prize; however, Sponsor 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 Sponsor in its sole discretion.

     

    Thwack® Points. 

    Each entrant will receive three-hundred (300) thwack points for each correct answer to the SolarWinds DameWare v10 Scavenger Hunt quiz for a maximum of three thousand (3000) points.  Thwack points may be redeemed on the thwack store for the items displayed thereon.


    8.      Potential Prize Recipient Requirements:  Any potential prize recipient 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 recipient fails to sign and return the Affidavit/Release within the required time period, he/she will forfeit the prize and the next entrant to be deemed to have properly submitted an entry may be selected in his/her place in a random drawing of all entries received. 


    9.      Entrant’s Representations and Warranties:  By entering this Sweepstakes, Entrant represents and warrants:

    Entrant has read the Sweepstakes 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 Sweepstakes.   

     

    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 Sweepstakes for the purpose of promoting the Sweepstakes 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 Sweepstakes rules, applicable laws or regulations, or the rights of any third party.

     

    10.    General Conditions:  In the event that the operation, security, or administration of the Sweepstakes 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 Sweepstakes to address the impairment and then resume the Sweepstakes 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 Sweepstakes 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 Sweepstakes 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.

     

    11.    Release and Limitations of Liability: By participating in the Sweepstakes, 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 Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) printing errors; (c) lost, late, postage-due, misdirected, or undeliverable mail; (d) errors in the administration of the Sweepstakes 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 Sweepstakes 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 Sweepstakes, 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.

     

    12.    Privacy and Publicity: Except as set forth herein, any information you submit as part of the Sweepstakes will be used for purposes of this Sweepstakes and treated in accordance with Sponsor’s Privacy Policy. Except where prohibited, participation in the Sweepstakes 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.

     

    13.    Disputes:  Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes 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 Sweepstakes, 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.


    14.    Sweepstakes 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.