SolarWinds Wish You Were Here Twitter Contest
Held during Cisco Live 2012 San Diego (June 10 – 14, 2012)
Sponsored by SolarWinds Worldwide, LLC
No purchase is necessary. A purchase will not increase your chances of winning. Chances of winning depend on the number of registrations received.
Giveaway Terms and Entry Requirements.
1. Eligibility. The SolarWinds Wish You Were Here Giveaway (the “Giveaway”) is open only to legal residents of the United States whom are eighteen (18) years of age or older and whom are registered attendees and attending Cisco Live 2012 in San Diego, California at the San Diego Convention Center, June 10 - 14, 2012 (“Cisco Live 2012”). Employees of SolarWinds Worldwide, LLC and any of their affiliates, subsidiaries, advertising or promotional agencies are also ineligible to participate, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Giveaway is subject to federal, state, and local laws and regulations and is void where prohibited.
2. Sponsors. The Giveaway is sponsored by SolarWinds Worldwide, LLC, 3711 South MoPac Expressway, Building Two, Austin, TX 78746 (“SolarWinds” or the “Sponsor”).
3. Agreement to Official Rules. Participation in the Giveaway constitutes Entrant’s full and unconditional agreement to and acceptance of the Contest Rules and Entry Requirements and the decision of Sponsor, which is 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 Giveaway, or if you are disqualified.
4. Entry Period. The Giveaway will commence on 4:30 p.m. PST on Monday, June 11, 2012, and an Entrant must enter his/her tweet(s) to @solarwinds prior to 2:00 p.m. PST on Thursday, June 14, 2012 (“Entry Period”). Entrants submitted before or after the Entry Period will not be eligible for the Giveaway.
5. Duration of the Giveaway. The Giveaway will commence on 4:30 p.m. PST on Monday, June 11, 2012, and all tweets considered for the Giveaway will conclude on or before 2:00 p.m. PST on Thursday, June 14, 2012.
6. How to Enter. Entrants must have a Twitter account, must follow @SolarWinds, and agree to send tweets regarding their participation at Cisco Live 2012 and various events/activities that it wishes SolarWinds was there to experience with them. Again, all Entrants must follow SolarWinds on Twitter in order to participate.
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.
7. Determining the Winner. Throughout the duration of the Giveaway, all tweets about the various events and activities occurring at Cisco Live 2012 that Entrant wishes SolarWinds was also attending will be evaluated by a panel of Sponsor’s judges according to the following Judging Criteria: creativity, cleverness, and uniqueness. Based upon the Judging Criteria, the Sponsor’s judges will select the winners, and their decisions will be final, except as noted herein. The odds of being selected as a winner depend on the number of Entrants as well as the relative performance of all Entrants.
To be counted in the competition, all tweets must be sent using the appropriate hashtag that is relevant to Cisco Live 2012, specifically, #CLUS.
8. Potential Winner Requirements. Before being awarded a prize, a potential winner may be required to complete an additional 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. Only three (3) alternate potential winners may be contacted.
9. Prize. The winner of the random drawing will receive one Geek Kit, which will consist of various SolarWinds swag items (which may include a t-shirt, sticker, mug, etc.), with an approximate retail value of $20 USD. Sponsor does not provide any guarantees or warranties for the prize. 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 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 paying any applicable taxes and any and all other costs and expenses not listed above.
10. Notification and Requirements of Potential Winners. The Winner will be selected on Monday, June 18th at 10:00 a.m. CDT. SolarWinds will attempt to notify the potential winner immediately following the determination (on Monday, June 18th at 10:00 a.m. CDT) via Twitter and Thwack.
11. Disqualification. All entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform or satisfy the Terms may be disqualified by Sponsor. Sponsor reserves the right in its sole discretion to disqualify any individual found tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Terms or in an unsportsmanlike or disruptive manner. Sponsor reserves its rights to seek remedies and damages to the fullest extent of the law for any attempts to deliberately damage or interfere with the Giveaway or to undermine the legitimate operation of this competition.
12. General Conditions: In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Terms; or (b) award the prize to the another potential winner of the random drawing. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor.
13. Entrant’s Representations and Warranties. Entrant represents and warrants that 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 Giveaway for the purpose of promoting the Giveaway or Sponsor, in all media now known or hereafter devised. 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.
14. Release and Limitations of Liability. Entrant further agrees that Sponsor has no responsibility for lost, late, delayed, destroyed or misdirected mail, voice messages, e-mail or any computer errors or malfunctions; do not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof; shall not be held responsible for any damages, injuries, errors, or negligence that may arise or occur in connection with the Giveaway or utilization of the prize.
By participating in the Giveaway, Entrant acknowledges and agrees to release and hold harmless Sponsor, its parent, subsidiaries, affiliates, advertising and promotion agencies, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim, cost, loss, damages of any kind, or cause of liability or action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Giveaway or receipt or use of any prize; (g) incomplete or inaccurate information; or (h) theft, destruction, or unauthorized access to the entries, Entrant information, and/or the website. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Released Parties be liable for attorneys’ fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. It is a condition of entry that you agree that to the extent permitted by law that Sponsor, its parents, subsidiaries, affiliates will not be liable for any direct, indirect or consequential loss or damage whatsoever, including personal injury, which is suffered as a result, or arising from, any person participating in the Giveaway or in connection with winning any prize.
15. Privacy and Publicity: Any information you submit as part of the Giveaway will be used for purposes of this Giveaway and/or the promotion, marketing, or advertisement of Sponsor products, in accordance with the Sponsor’s privacy policies. Except where prohibited, participation in the Giveaway constitutes an Entrant’s consent to Sponsor’s use of his/her entry, his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
16. Disputes: Except where prohibited, each Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway 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 Terms, your rights and obligations, or the rights and obligations of Sponsors in connection with the Giveaway, 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.
17. No Relationship. Participating in the competition does not constitute any relationship between the parties and entrants, including without limitation any form of employment or contractor relationship.
18. Results: To request a winners list, send a self-addressed, stamped envelope to SolarWinds Worldwide, LLC, Attn: Sandi Pugatch, Community and Events Manager, 3711 South MoPac Expressway, Building Two, Austin, TX 78746. Requests must be received within four (4) weeks of the end of the Entry Period.
19. Terms Subject to Change. Terms are all subject to change by the Sponsors as necessary.