Terms & Conditions (DE)

Version 3

    The SolarWinds IT is Your Destiny Giveaway:  Official Rules for Germany

     

    General Terms and Conditions Applicable to Entering the Giveaway

     

    1 Host/Sponsor


    1.1 The Giveaway is solely hosted by SolarWinds Worldwide, LLC, 7171 Southwest Parkway, Building 400, Austin, Texas 78735 USA (hereinafter referred to as “Sponsor").

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


    2 Giveaway Period

    Participation in the Giveaway is possible between November 23, 2015, 8:00 a.m. CST and December 31, 2015, 6:00 p.m. CST (“Giveaway Period”).

    2.1 Entries submitted before or after the Entry Period will not be eligible for the Giveaway.


    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 Giveaway 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 Giveaway 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 Giveaway


    4.1 Participation is free of charge.

    4.2 To enter the Giveaway, the participants must complete one (or more) of the following tasks:

    •     Download the free trial of Network Performance Monitor (NPM) and submit a screenshot of active alerts

    •     Download the free trial of Server & Application Monitor (SAM) and submit a screenshot of the dashboard of any app being monitored with SAM

    •     Download the free trial of Log & Event Manager (LEM) and submit a screen shot of custom Ops Center dashboard

    •     Download the free trial of Database Performance Analyzer (DPA) and submit a screenshot of server instance being monitored by DPA


    The screenshots (“Content”) must be submitted to the Giveaway landing page on

    www.thwack.com.  There are four (4) different t-shirt designs – one for each software product.  Entrant will receive one (1) SolarWinds t-shirt for each download with corresponding Content submitted.  Each download with corresponding Content submitted makes you eligible to receive another t-shirt, so each entrant could possible receive up to a maximum of four (4) t-shirts for each product download.   There is a limit of one (1) submission per software download. 

     

    Email address must be a valid business email address.  Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void.

     

    5 Prizes

    5.1 The following prizes can be won:

    • The First Two Hundred (200) Entrants.  The first two (200) Entrants will receive one (1) t-shirt per product download with corresponding Content submitted, while supplies last.  There is a limit of two hundred (200) SolarWinds t-shirts for this Giveaway.  The approximate value of each t-shirt is less than $15.00 USD.
    • thwack® Points.  All Entrants will receive five hundred (500) thwack points for each product download with corresponding Content submitted for a maximum of two thousand (2,000) thwack points.  Thwack points may be redeemed on the thwack store for the items displayed thereon.

    5.2 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 his/her win by email.


    7 Prize Transfer

    The prizes will be sent out to the winners by mail one month after the end of the Giveaway Period. The prizes will be sent to the address the winner entered during the registration (see no. 4). Sponsor will pay for any shipping costs (if applicable). 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 Giveaway


    8.1 Sponsor reserves the right, at its sole discretion and without prior notice, to cancel or terminate the Giveaway 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 Giveaway 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 Giveaway, 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 Giveaway or any other person directly associated with the holding of the Giveaway, (“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 Giveaway 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 Giveaway 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 Giveaway

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


    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.