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SolarWinds® Win a Scooter! Contest on Twitter®

Held during VMWORLD® 2012 San Francisco (August 26 – 29, 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.

Contest Terms and Entry Requirements

1.    Eligibility.  The SolarWinds Win a Scooter! Contest (the “Contest”) is open only to legal residents of United States who are eighteen (18) years of age or older and whom are registered attendees and attending VMWORLD 2012 in San Francisco, California at the Moscone Center, August 26 - 29, 2012 (“VMWORLD 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 Contest is subject to federal, state, and local laws and regulations and is void where prohibited.
2.    Sponsors.  The Contest 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 Contest 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 Contest, or if you are disqualified.  
4.    Entry Period.  The Contest will commence on 8:00 a.m. PST on Monday, August 13, 2012, and an Entrant must complete all entry requirements prior to 5:00 p.m. PST on Wednesday, August 29, 2012 (“Entry Period”).  Entrants submitted before or after the Entry Period will not be eligible for the Contest.        
5.    How to Enter.  Entrants must:
•    Have a Twitter account.
•    Must follow @SolarWinds.
•    Visit the SolarWinds station at the Acronis booth (Booth #1701) at the VMWORLD 2012 conference; get your VMWORLD 2012 badge scanned; and take a picture with the scooter.  The Sponsor’s booth hours are:  Sunday, August 26, 2012 4:00 p.m. – 7:00 p.m.; Monday, August 27, 2012 10:30 a.m. – 6:00 p.m.; Tuesday, August 28, 2012 10:30 a.m. – 5:00 p.m. PST; Wednesday, August 29, 2012 10:00 a.m. – 5:00 p.m. PST.
•    Send at least one tweet with a picture of yourself with the scooter in the Acronis booth at VMWORLD 2012 to the @SolarWinds handle and hashtags #acronis and #vmworld.

Again, all Entrants must follow SolarWinds on Twitter in order to participate.  There is a limit of one (1) entry per person.  
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.    Drawing.  One (1) potential winner will be selected in a random drawing of all the entries submitted on August 29, 2012 at 5:00 p.m. PST.  The odds of being selected depend on the number of eligible entries received.  
7.    Potential Winner Requirements.  Before being awarded a prize, a potential winner may be required to complete an I-9 form and 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.  
8.    Prize.  The winner of the random drawing will receive one Genuine Buddy Scooter (or a scooter of equal or greater value), with an approximate retail value of $3,500 USD.  Sponsors do not provide any guarantees or warranties for the prize.  SolarWinds will purchase the Scooter at a location as near to the winner as possible.  The winner is responsible for collecting the Scooter.  The title and risk of loss associated with the prize transfers to the winner at the time of collection.  Upon collection, Sponsors assume no more costs or liabilities for the prize.  The winner will be responsible for all insurance, driver’s license fees, registration fees, maintenance fees, and all other fees associated with the Scooter I nare the responsibility of the winner.
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 SolarWinds, 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 SolarWinds in its sole discretion.  The winner is responsible for paying any applicable income taxes and any and all other costs and expenses not listed above.
9.    Notification and Requirements of Potential Winners.  The Winner will be selected on Wednesday, August 29 at 5:00 p.m. PST.  SolarWinds will attempt to notify the potential winner immediately following the determination (on Wednesday, August 29 by 5:30 p.m. CDT) via Twitter and winner’s email.  Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release.  If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received.  Only three (3) alternate potential winners may be contacted.
10.    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 Contest 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 Contest or to undermine the legitimate operation of this competition.
11.    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, 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 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 Contest 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.
12.    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 Contest for the purpose of promoting the Contest 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.
13.    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 Contest or utilization of the prize.  
By participating in the Contest, 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 Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (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 Contest 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 Contest 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 Contest, 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 Contest or in connection with winning any prize.
14.    Privacy and Publicity:  Any information you submit as part of the Contest will be used for purposes of this Contest and/or the promotion, marketing, or advertisement of Sponsor products, in accordance with the Sponsor’s privacy policies.  Except where prohibited, participation in the Contest 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.
15.    Disputes:  Except where prohibited, each 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 Terms, your rights and obligations, or the rights and obligations of Sponsors 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.
16.    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.
17.    Results:  To request a winners list, send a self-addressed, stamped envelope to SolarWinds Worldwide, LLC, Attn: Robbie Wright, Product Marketing, 3711 South MoPac Expressway, Building Two, Austin, TX 78746.  Requests must be received within four (4) weeks of the end of the Entry Period.
18.    Terms Subject to Change.  Terms are all subject to change by the Sponsors as necessary.