The 12 Days of SolarWinds: Terms & Conditions - Germany

Version 1

    The 12 Days of SolarWinds® Sweepstakes:  Official Rules for Germany

    General Terms and Conditions Applicable to Entering the Sweepstakes

    1 Host/Sponsor

    1.1 The sweepstakes is solely hosted by SolarWinds Worldwide, LLC, 3711 S. MoPac Expressway, Building 2, Austin, Texas 78746 USA (hereinafter referred to as “Sponsor").

    1.2 The sweepstakes is subject to the following general terms and conditions (“Official Rules”).


    2 Sweepstakes Period

    Participation in the sweepstakes is possible between December 2, 2013, 7:00 p.m. CET and December 20, 2013, 7:00 p.m. CET (“Sweepstakes Period”).

    3 Authorization to Participate

    3.1 You may only participate if you are a permanent resident of Germany and if you are 18 years of age or over.

    3.2 Employees of Sponsor and any of its affiliates, subsidiaries, representatives, agents, or anyone connected to the creation and administration of the sweepstakes and members of the immediate family of the aforementioned persons may not participate.

    3.3 Participation via raffle agencies or automated entry software or manipulation of the sweepstakes is prohibited.

    3.4 Participants not abiding by the Official Rules may be disqualified. If this is the case, Sponsor is entitled not to award the advertised prizes or to reclaim already awarded prizes.


    4 Entering the Sweepstakes

    4.1 Participation is free of charge.

    4.2 To enter the sweepstakes, the participants must:

    Click on Sweepstakes link on www.thwack.com

    There will be one (1) new quiz each day Monday – Thursday until December 19, 2013 for a total of 12 quizzes.  Questions will be available beginning 7:00 p.m. CET each day Monday – Thursday.  All quizzes will remain available until December 20, 2013.

    There is a limit of one (1) entry per person per proper business email address for each quiz. 


    5 Prizes

    5.1 On December 20, 2013, Sponsor will select twelve (12) potential winners in a random drawing of all entries received during the Entry Period to win the prize.  The odds of being selected depend of the number of entries received for the applicable drawing.  Entrants can only win once.

    5.2 Per person one of the following prizes can be won:

    One (1) of twelve (12) Amazon®

    5.3 If Sponsor should not be able to award said prize(s) (e.g. because of changes of models, seasonal goods etc.), Sponsor is entitled to award appropriate prices equal in value (“equivalent”). A cash equivalent payment or swapping of the prizes or the equivalents is not possible. The prizes are not transferable.


    6 Notification of the Winners

    The winners will be informed about their win by email.


     


    7 Prize Transfer

    The prizes will be sent out to the winners by mail one month after the end of the Sweepstakes Period. The prizes will be sent to the address in Germany the winner entered during the registration (see no. 4). Shipping within Germany is free of charge. By handing over the prizes from Sponsor to the shipping company, the risk of incidental destruction or incidental damage of the prizes is passed on to the winner. In the event a winner is unreachable at the address provided by him/her, the winner will forfeit his/her prize.

    8 Prior Cancellation of the Sweepstakes

    8.1 Sponsor reserves the right, at its sole discretion and without prior notice, to cancel or terminate the sweepstakes in its entirety.

    8.2 Sponsor can make use of this right especially in the event that the website (see no. 4) is infected by a virus, a software bug, unauthorized human intervention occurs or the integrity, administration, impartiality or normal operation of the sweepstakes is compromised in any way.

    8.3 In case of a cancellation or termination the participants have no right to claim anything from Sponsor, especially no rights to claim the prizes.


    9 Liability

    9.1 Sponsor shall be liable for damages caused by culpably injury to life, body or health.

    9.2 By entering the sweepstakes, participants agree to release Sponsor, its employees, agents and representatives, its subsidiaries, its affiliated companies, its controlling corporations, advertising or promotion agencies, sponsors, suppliers of materials, prizes and services related to the sweepstakes or any other person directly associated with the holding of the sweepstakes, (“released parties”) from any and all liability whatsoever for other any losses or damages of any kind that result from acceptance, possession or use of any prize or from entry of attempted entry into the sweepstakes unless the damage of the entrant is caused by gross negligence or wilful intent of a released party.

    9.3 In an event of slight negligence, the released parties shall be liable only for breaches of a material contractual obligation (“cardinal duty”).  A “cardinal duty” is an obligation whose fulfilment makes the implementation of this sweepstakes possible in the first place and on the fulfilment of which the participant may therefore generally rely.

    9.4 Liability in accordance with paragraph 9.3 shall be limited to the typical, foreseeable damages.

    9.5 The released parties are not liable for defect prizes and for follow-up damages resulting from the defect prizes.

    9.6 The released parties are not liable for the timely processing via the website, whether due to technical or computer malfunctions or otherwise or any other technical or computer malfunctions or other errors.


    10 Personal Information Retention and Processing Rules for the Sweepstakes

    Sponsor will not be collecting any Personal Information in connection with the sweepstakes.


    11 Final Provisions

    11.1 Sponsor's decisions are final and queries about them cannot be accepted. There is no recourse to the courts.

    11.2 The Official Rules are subject to the relevant law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).

    11.3 Should one of the provisions of the Official Rules be or become invalid or infeasible the validity of the remaining provisions of the Official Rules shall not thereby be affected. In this case, the invalid or infeasible provision shall be substituted by a valid provision which comes closest to the economical effect of the invalid provision.