SolarWinds® IT Dream Team Photo Contest: Official Rules
No purchase is necessary. A purchase will not increase your chances of winning.
1. Eligibility. The SolarWinds IT Pro Day Photo Contest (the “Contest”) is open only to legal residents of the United States who are eighteen (18) years of age or older. Employees of SolarWinds Worldwide, LLC, subsidiaries, affiliates, 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, 7171 Southwest Parkway, Building 400, Austin, Texas 78735 (“Sponsor”).
3. Agreement to Official Rules. Participation in the Contest constitutes Entrant’s full and unconditional agreement to and acceptance of the Contest Rules and Entry Requirements and the decisions of Sponsor, which are final and binding. Winning of a prize is contingent upon fulfilling all requirements set forth herein. Entrant will not be eligible to win a prize if you do not fulfill all requirements set forth herein, if you are not eligible to participate in the Contest, or if you are disqualified.
4. Entry Period.
Grand Prize Photo Contest: The Contest begins 8:00 a.m. CDT on September 8, 2015, and an Entrant must complete all entry requirements prior to 5:00 p.m. CDT on September 15, 2015 (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible for the Contest.
Twitter Share Daily Drawing: The entrance for the daily drawing begins 8:00 a.m. CDT on September 8, 2015, and an Entrant must complete all entry requirements prior to 5:00 p.m. CDT on September 15, 2015 (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible for the daily drawing.
5. How to Enter.
Grand Prize Photo Contest: Entrants must submit an original creative photograph of your IT dream team to the thwack® contest page on www.thwack.com (“Content”). Once the content is submitted, it is open for registered thwack members to vote. Entrant may submit an unlimited number of photographs.
Twitter Share Daily Drawing: Entrant must share his/her photograph on Twitter® with tag @solarwinds #ITProDay. Upon sharing said photograph, Entrant will be entered into the daily drawing. Entrants shall be deemed to be submitted by the authorized account holder of the Twitter Account and email address submitted at the time of entry, unless clearly indicated otherwise. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an internet access provider, on-line service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void. Lost, late, misdirected, or illegible registrants will be disqualified.
6. How to Win.
Grand Prize Winner: Entries will be voted on by thwack members. The top ten (10) entries with the most thwack member votes will go on to be judged by the SolarWinds Head Geeks. The SolarWinds Head Geeks will select one (1) winner for the grand prize.
Twitter Share Daily Drawing Winners: Each day during the Entry Period, Sponsor will select one (1) potential winner in a random drawing of all entries received that day. The odds of being selected depend on the number of entries received for the applicable drawing.
7. Potential Winner Requirements. The potential winners may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return the requested documentation within seven (7) days, he/she will forfeit the prize and an alternate winner may be selected in his/her place in a random drawing of all entries received.
Grand Prize Drawing: On September 15, 2015, one (1) winner will receive a $1,000.00 American Express® Gift Card, with an approximate value of $1,000.00 USD.
Twitter Share Daily Prize Drawing: One (1) winner each day will receive a$25.00 American Express Gift Card, with an approximate value of $25.00 USD.
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 will be responsible taxes and any and all other costs and expenses not listed above.
9. 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.
10. Entrant’s Representations and Warranties. By entering this Contest, Entrant represents and warrants: 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.
11. 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.
12. 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.
13. Contest Results: To request a winner list, send a self-addressed, stamped envelope to: SolarWinds Worldwide, LLC; Marketing Specialist, Wendy Abbott; 7171 Southwest Parkway, Building 400, Austin, Texas 78735. Requests must be received within four (4) weeks of the end of the Entry Period.
14. Terms Subject to Change. Terms are all subject to change by the Sponsor as necessary.