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NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR WHERE REGISTRATION, BONDING, TRANSLATION, LOCAL JUDGING OR LOCALIZATION REQUIRED. THIS CONTEST IS OPEN ONLY TO TO THE EMPLOYEES OF THE SPONSOR’S (DEFINED BELOW) CUSTOMERS, DEVELOPERS AND PARTNERS WHO ARE LEGAL RESIDENTS OF: AUSTRALIA, JAPAN, SINGAPORE, CHINA, HONG KONG, INDIA, MALAYSIA, AND NEW ZEALAND. See Section Eligibility section of these Official Rules for full eligibility details.
BY ENTERING OR PARTICIPATING IN THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING OR PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
THE SPONSOR OF THIS CONTEST IS: Splunk Inc., 250 Brannan Street, 1st Floor, San Francisco, CA 94107.
ELIGIBILITY:
This Contest is open only to legal residents of Australia, Japan, Singapore, China, Hong Kong, India, Malaysia, and New Zealand (the “Territory”) who are employees of Sponsor’s, customers, developers or partners and who are at least the age of majority in their jurisdiction of residence on the date of entry into this Contest. Entrants may not enter if participation in the Contest or acceptance of any prize would violate any rules or policies of their employers. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, its other partners, parent companies, divisions, subsidiaries, affiliates, successors in interest and advertising, promotion, and public relations agencies (collectively, the “Released Parties”) are not eligible. For purposes of this Contest, “family members” is defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Participation in this Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
TO ENTER, COMPLETE THE FOLLOWING TWO STEPS:
(a) Create Your Entrant Content: To enter, eligible entrants must play the online observability game where they are using Sponsor’s Splunk o11y products (“Application”) to solve a series of identified problems (collectively, with all information provided in your entry form (described below), the “Entrant Content”). All Entrant Content must comply with the “Submission Requirements” detailed below and otherwise comply with these Official Rules.
(b) Submit an Entry: During the Contest Period, eligible participants can enter the Contest by visiting https://observabilityjourney.splunk.com/ (the “Contest Site”) and following the on-screen links and instructions on the Contest Site to complete and submit the Contest entry form, (an “Entry” or, collectively, “Entries”), including submitting your Entrant Content. To submit an Entry, you must provide all information required by the Contest entry form, including, without limitation, full name, business email, job title, telephone number (including area code), company, country/region and mailing address. Each entrant should review all personal information entered for accuracy purposes and make all corrections necessary to inaccurate data before submitting an Entry.
Limit one (1) Entry per person. Entries must be submitted and received by Sponsor during the Contest Period through the Contest Site and in strict accordance with the instructions and restrictions on the Contest Site and these Official Rules. The Contest Site’s database clock will be the official timekeeper for this Contest. For purposes of this Contest, only Entries that are actually received and recorded through the Contest Site will be considered. Other proof of submitting or attempting to submit an Entry (such as, without limitation, a printed, saved or copied automated receipt confirming entry or a “thanks for entering” screen or message) does not constitute proof of actual receipt of the Entry for purposes of this Contest. Those who do not abide by these Official Rules, the instructions of Sponsor and the Contest Site or who do not provide all required information may, in Sponsor’s sole discretion, be disqualified. Entries or participation will not be acknowledged or returned. Entries (or participation that does not qualify as an “Entry”) that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation by you on behalf of another individual, entity, or group or made on your behalf by any other individual, entity, or group, or originating at any web site other than the Contest Site, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Contest. In the event of a dispute about the identity of an entrant, the Entry will be declared made by the authorized account holder of the email address submitted at time of Entry, but only if that person meets all other eligibility criteria for this Contest. The authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible. As a condition of entering or participating in the Contest, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. ENTRIES WILL NOT BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF YOUR ENTRANT CONTENT. ANY ENTRY OR ENTRANT CONTENT THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES MAY, IN SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE.
SUBMISSION REQUIREMENTS
Entrant Content must meet all of the following requirements in Sponsor’s sole discretion or the associated Entry will be disqualified:
Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or remove from displaying or publishing any Entry or Entrant Content that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Released Party, the Contest, or any other person or entity or does not comply with these requirements or these Official Rules.
WINNER SELECTION:
Participants acknowledge no winners will be selected for the Contest.
Sponsor reserves the right to contact participants for verification purposes and administration of the Contest. Sponsor’s decisions are final and binding in all matters relating to this Contest. Each entrant acknowledges that other entrants may have created ideas and concepts contained in their Entrant Content that may have familiarities or similarities to his/her Entrant Content, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.
PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”):
Total ARV of all prizes: n/a.No prizes will be awarded for the Contest.
LICENSE:
By entering, except where prohibited by law, each entrant grants to the Released Parties and their agents, successors and assigns in perpetuity the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, adapt, and exploit the content of and elements embodied in the Entrant Content and Entries, and the Entrant Content and Entries themselves, in any and all media, (whether now existing or hereafter devised), including online and in digital media, in any language, throughout the world, and in any manner, including for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each entrant agrees that the licensed entities may, but are not required to, attribute the Entrant Content to participant. Each entrant waives and releases the Released Parties from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of Entrant Content without further notification or compensation to entrant of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties, each of their licensees, or any other person in connection with this Contest, on the grounds that any use of any Entry (or any derivative works thereof) infringes or violates any of entrant’s rights (including MORAL RIGHTS) therein.
Each entrant acknowledges and agrees that nothing in these Official Rules will require a Released Party to use the Entrant Content in part or in whole or to include the Entrant Content in any Released Party-related property, including, without limitation, any Released Parties’ web site or any other online or offline property. Each entrant hereby acknowledges and agrees that the relationship between the entrant and each of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her Entrant Content for purposes of the Contest does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content, other than as set forth in these Official Rules. Each entrant understands and acknowledges that Sponsor has wide access to ideas, essays, images, and other creative materials. Each entrant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her Entrant Content and/or each other in idea, components, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each entrant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his/her Entrant Content. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Released Party property or product, and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
LIMITATION OF LIABILITY:
NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES, OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE TERMS AND CONDITIONS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE OFFICIAL RULES TO BE VOID ("NON-EXCLUDABLE GUARANTEES"). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE, SPONSOR EXCLUDES FROM THESE OFFICIAL RULES ALL CONDITIONS, WARRANTIES, AND TERMS IMPLIED BY STATUTE, GENERAL LAW, OR CUSTOM EXCEPT FOR LIABILITY IN RELATION TO A NON-EXCLUDABLE GUARANTEE. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY THE RELEASED PARTIES FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARDING OF A PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY CONTEST- OR PRIZE-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY (HOWEVER, ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION, THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF SPONSOR OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW).
ADDITIONAL DISCLAIMERS:
To the extent permitted by the mandatory provisions of the applicable law, Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error (however, only if required by law in your jurisdiction, except to the extent that any of the following occur for reasons within Sponsor's reasonable control, where liability to the injured party cannot be excluded by law): Entries made by illegitimate means (such as, without limitation, by an automated computer program) or Entries in excess of any stated limits; any lost, late, incomplete, illegible, mutilated, or misdirected email, mail, or Contest-related correspondence or materials; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in a person’s email account to receive email messages. Released Parties are not responsible, and may disqualify an entrant, if his or her email address, telephone, or other contact information does not work or is changed without giving prior written notice to Sponsor. Released Parties are not responsible for any changes or unavailability of any web site that may interfere with the Contest or ability of a person to timely participate, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or any person claiming through such entrant for failure to supply the prize or any part thereof in the event that any of the Contest activities or the Released Parties' operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any national, federal, state, provincial, territorial, or local government authority, or any other cause, whether or not specifically mentioned above.
GENERAL RULES:
By entering or participating in this Contest (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, free of charge, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, Entry information, biographical information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties' sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet) without any limitation of time and without notice, review or approval, and each entrant releases all Released Parties from any and all liability related to such authorized uses. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and each entrant waives any right to inspect or approve any such use.
Sponsor's decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules. All entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from the Contest. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from participating in the Contest or using the Contest Site. Sponsor reserves the right to restrict or void participation from any IP address or device if any suspicious Entry and/or participation are detected. Sponsor reserves the right, in its sole discretion, to void Entries or other participation by any person who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. Sponsor's failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Participants waive any right to claim ambiguity in the Contest or these Official Rules.. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the prizes based on eligible Entries received prior to cancellation, modification, or suspension, if any, or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, participates or obtains Entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain a prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. If a dispute cannot be resolved to Sponsor's satisfaction as to by whom an Entry was submitted, such Entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
PRIVACY:
Each participant agrees to the use of the personal information submitted when they submit an Entry as detailed in Sponsor's Privacy Policy posted at http://www.splunk.com/view/SP-CAAAAAG. Participants give consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest, as detailed in Sponsor's privacy policy and complying with applicable laws, regulations and rules. The data provided by participants (including, without limitation, participant’s personal data) will be used for administration of the Contest. Participants have a right of access to, modification and withdrawal of their personal data. They also have the right of opposition to the data collection, under certain circumstances. To exercise such right, they may write to Sponsor at the address below. The data controller is Sponsor. The recipient of the data is Sponsor. Unless otherwise advised, Sponsor may also use the information for promotional, marketing and publicity purposes. Entrants should direct any request to access, update or correct information to Sponsor. Please note that by participating in the Contest and accepting these Official Rules, you acknowledge and consent to the use of your data as set out above.
DISPUTES/GOVERNING LAW:
Except where prohibited, any and all disputes that cannot be resolved between a participant and any Released Party, claims and causes of action arising out of or connected with this Contest must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will a participant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than the participant’s actual out-of-pocket expenses (if any), not to exceed ten dollars ($10 USD), and each participant further waives all rights to have damages multiplied or increased.
This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of California, without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state's/province's/federal laws. Any legal actions, suits or proceedings related to this Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in San Francisco County, California, and each entrant accepts and submits to the personal jurisdiction of those courts with respect to any legal actions, suits or proceedings arising out of or related to this Contest.
OFFICIAL RULES:
For a copy of these Official Rules during the Contest Period, send a self-addressed stamped envelope to the following address for receipt during the Contest Period: The Journey to Observability - Rules, c/o: Splunk, 250 Brannan Street, 1st Floor, San Francisco, CA 94107. Only one (1) request of either type per outer envelope will be fulfilled. VT residents may omit return postage for rules requests.