SolarWinds®IT Resolutions Contest: Official Rules
No Purchase Necessary. A Purchase Will Not Increase Your Chances of Winning.
1. Eligibility. The SolarWinds IT Resolutions Contest (“Contest”) is open only to legal residents of the United Kingdom and the United States who are eighteen (18) years of age or older. Employees of SolarWinds Worldwide, LLC, its subsidiaries or 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 (the “Sponsor”).
3. Agreement to Official Rules. Participation in the Contest 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. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Entry Period. The Contest begins at 8:00 a.m. CST on January 4, 2016 and ends at 6:00 p.m. CST on January 31, 2016 (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible for the Contest.
5. How to Enter. 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 www.thwack.com. Entrant must download the free trial of the SolarWinds product and submit a screenshot of the product (“Content”) to the Contest landing. 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 one (1) T-shirt and 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.
6. Winner. The entry that receives the most thwack member votes will be the winner. The odds of being selected depend of the number of eligible entries received from all participants in connection with this Contest. The Sponsor will attempt to notify the potential winner within seven (7) days of the end of the Entry Period.
7. Potential Winner Requirements. Before being awarded a prize, a potential winner may be required to complete and return a W-9 form and an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within seven (7) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, he/she will forfeit the prize and an alternate Entrant may be selected in his/her place.
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.
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.
Winner. The entry with the most thwack member votes will win a $2,016.00 Visa® Gift Card with an approximate value of $2,016.00 USD. Sponsor does not provide any guarantees or warranties for the prize. The winner is responsible for state taxes and fees. 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 is responsible for taxes and any and all other costs and expenses not listed above.
9. Entrant’s Representations and Warranties. By entering this Contest, Entrant represents and warrants:
Entrant has read the Contest 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 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 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. 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 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. 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. Entrant also warrants that s/he has not entered into and will not enter into 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 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. Entrant further represents and warrants that the Content submitted is not defamatory, in breach of privacy, or 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 does not refer to third parties, their trademarks, or brands; the Content does is not harmful to minors, the Content does not harass or advocate harassment of another person, the Content does not promote content that is false, misleading, or illegal; the Content does not describe or promote illegal activities or conduct that are 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.
10. 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.
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.
13. 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.
14. Contest Results. To request a winner list, send a self-addressed, stamped envelope to: SolarWinds Worldwide, LLC; Senior Marketing Manager; Attn: Leah Linnet; 7171 Southwest Parkway, Building 400, Austin, Texas 78735. Requests must be received within four (4) weeks of the end of the Entry Period.
15. Terms Subject to Change. Terms are all subject to change by the Sponsor as necessary.