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    SolarWinds® IT Resolutions Contest: Official Rules for Germany


    General Terms and Conditions Applicable to Entering the Contest


    1 Host/Sponsor

    1.1 The contest is solely hosted by SolarWinds Worldwide, LLC, 7171 Southwest Parkway, Building 400, Austin, Texas 78735 USA (hereinafter referred to as “Sponsor").
    1.2 The contest is subject to the following general terms and conditions (“Official Rules”).

    2 Contest Period

    Participation in the contest is possible between January 4, 2016, 8:00 a.m. CST and January 31, 2016, 6:00 p.m. CST (“Contest 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 Contest 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 contest 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 Contest

    4.1 Participation is free of charge.

    4.2 To enter the contest, the participants must:

    Entrant must post his/her New Year’s IT resolution along with the name of the SolarWinds product he/she needs to achieve that resolution on the contest landing page on
    Thwack members will vote for their favorite resolution, and the Entrant with the most thwack votes wins. 
    Entrant may submit multiple entries, although each Entrant will only be eligible to receive a maximum of two thousand (2,000) thwack points.
    Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void.
    5 Prizes
    5.1 Thwack Points.   Entrants who post his/her New Year’s IT resolution along with the name of the SolarWinds product  he/she needs to achieve that resolution on the contest landing page during the Entry Period will receive two hundred fifty (250) thwack points per post (up to 2,000 thwack points).  Entrants may post multiple resolutions, although each Entrant will only be eligible to receive 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 The First One Hundred (100) Entrants.   The first one hundred (100) Entrants will receive one (1) SolarWinds T-shirt with an approximate value of $12.00 USD, while supplies last.  There is a limit of one hundred (100) T-shirts.  Only one (1) T-shirt per Entrant is allowed.
    5.3 Winner.  The entry with the most thwack member votes will be the winner. The odds of being selected depend of the number of entries received from all participants in connection with this contest.

    One (1) winner will receive a $2,016.00 Visa® Gift Card with an approximate value of $2,016.00 USD.

    5.4 Before being awarded a prize, a potential winner may be required to complete and return a W-9 form within seven (7) days of being notified.  If a potential winner fails to sign and return the W-9 form within the required time period, he/she will forfeit the prize and an alternate Entrant may be selected in his/her place.

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

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

    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.