Splunk Inc. Trellis Layout Contest (“Contest”)
Official Rules/Terms & Conditions
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW.
TO ENTER THIS CONTEST, YOU MUST BE (A) AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY IN THE JURISDICTION OF YOUR PRIMARY RESIDENCE AND (B) A LEGAL RESIDENT OF AUSTRALIA, CANADA (EXCLUDING QUEBEC), DENMARK, FINLAND, FRANCE, GERMANY, INDIA, IRELAND, ISRAEL, ITALY, THE NETHERLANDS, NEW ZEALAND, NORWAY, PHILIPPINES, RUSSIA, SINGAPORE, SOUTH AFRICA, SWEDEN, SWITZERLAND, TAIWAN, THAILAND, THE UNITED KINGDOM OR ANY ONE OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA (SUCH LOCATIONS COLLECTIVELY, THE “TERRITORIES”) AS OF THE START DATE OF THE CONTEST STATED BELOW.
IMPORTANT NOTE: THESE OFFICIAL RULES ARE A CONTRACT, SO READ THEM CAREFULLY. THIS CONTRACT INCLUDES A LIMITATION OF YOUR RIGHTS AND REMEDIES, AN OBLIGATION TO GIVE CERTAIN RIGHTS IN YOUR ENTRY TO SPONSOR AND A PROVISION THAT REQUIRES YOU TO COMPENSATE SPONSOR IN THE EVENT OF CERTAIN LOSSES.
1. CONTEST OVERVIEW. The Contest is sponsored by Splunk Inc. ("Sponsor"). The Contest begins at 5:00:00 a.m. Pacific Time ("PT") on May 30, 2017 (the “Start Date”) and ends at 5:00:00 p.m. PT on June 22, 2017 (the “End Date”). Eligible individuals may enter the Contest by (a) using the Trellis Layout tool in the newly-released Splunk Enterprise 6.6 software to develop a creative and visually effective layout for data analytics and (b) submitting your contact details and layout – which cannot include any confidential information -- (each submission, an “Entry”) to Splunk by the Contest End Date in strict accordance with these Official Rules. See Section 3 (Entry Instructions) for detailed instructions. To be considered, all Entries must be original, nonoffensive (as solely determined by Sponsor) and suitable for public viewing. Winners will be chosen from eligible and suitable Entries submitted by eligible participants. See Section 6 (Winner Selection) below. The winning Entries will be awarded Prizes as set forth Section 7 (Prizes) below.
2. ELIGIBILITY. You are eligible to submit an Entry and win this Contest if, on the Start Date, you are (a) at least 18 years old and the age of majority in the jurisdiction of your primary residence and (b) a legal resident of one of the Territories (defined in the second paragraph of these Official Rules above). The following individuals are not eligible to participate in this Contest: (1) officers, directors, members, managers, employees or contractors of (i) Sponsor, (ii) its affiliates, (iii) advertising and public relations agencies associated with this Contest and (iv) Sponsor’s competitors, as determined by Sponsor in its sole discretion (the individuals in this subsection (1) “Ineligible Parties”) and (2) any relative of, and anyone living in the same household with, Ineligible Parties. For the purposes of this Program, a relative means a spouse, partner, parent, legal guardian, in-law, grandparent, sibling, child or grandchild. This Contest is void where prohibited by law.
3. ENTRY INSTRUCTIONS. To enter the Contest: (a) Download and install Splunk Enterprise 6.6 (the “Software”) on a supported version of a Windows, Linux, Solaris or Mac OS operating system. Downloads are available at https://www.splunk.com/en_us/download/splunk-enterprise.html. You can also go to www.splunk.com, scroll down to the bottom of the landing page, click on the “Free Trials and Downloads” hyperlink, click on the “Splunk Enterprise” hyperlink and then click on the applicable “Download Now” option (e.g., for the 32-bit or 64-bit version of the Software); (c) After you click “Download Now,” a log-in screen will appear. As instructed, create a new Splunk user account or log in using an existing user account. If you create a new account, you will be guided through an email verification process; (d) Follow prompts to install the Software; (e) Learn how to use Trellis Layout in the Dashboards and Visualizations Manual, available at http://docs.splunk.com/Documentation/Splunk/6.6.0/Viz/Aboutthismanual. Instructions on how to use the Trellis Layout start on page 67; (f) Use the Trellis Layout to develop one or more creative, visually-appealing and impactful dashboard layouts; and (g) Enter the Contest by uploading your contact details and an image file of each dashboard layout you want to submit at https://www.splunk.com/enterpriselaunchcontest by the End Date in strict accordance with these Official Rules. Be sure to check your layout and make certain that it is does include any information that you, your employer or any other person considers to be confidential. A completed entry form requires your Entry and your name and a valid email address where you can be contacted, the country (and state, if applicable) of your legal residence and your postal address. Be sure to check all information for accuracy and correct any errors before submission. Sponsor’s servers will be the official timekeepers for the Contest. Only Entries that are recorded by Sponsor’s servers between the Start Date and the End Date will be considered. Entries will not be acknowledged or returned. Proof of submitting or attempting to submit an Entry (such as, without limitation, a printed, saved or copied automated receipt confirming entry submission or a "thanks for entering" screen or message) does not constitute proof of actual receipt of the Entry for purposes of the Contest. ENTRIES WILL NOT BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF YOUR ENTRY.
4. ENTRY RESTRICTIONS. (a) The Contest is for individuals only and therefore, neither teams nor entities may submit entries or win. (b) Each eligible individual may submit up to 5 Entries; however, each Entry must be unique and different from any other submitted Entry. (c) Each Entry must be original and independently created. If anyone other than you helped create the Entry, you must have written permission from that other person to submit the Entry and you must be able to obtain a signed agreement from that other person assigning all ownership rights to the Entry to Sponsor and releasing Sponsor from any liability for use of the Entry. By submitting an Entry, you represent and warrant that you own all rights to each element of your Entry, including, without limitation, the copyrights in the Entry. If someone other than you helped create the Entry, you represent that you have obtained an assignment of rights from each other person who helped create the Entry. Sponsor's determination as to whether an Entry violates the rights of any third party is final.
5. USE OF SPLUNK TRADEMARK. Entries may include the Sponsor’s tradename or trademarks (collectively, “Trademarks”). Sponsor hereby grants each eligible individual a non-exclusive, limited one-time right, without the right to sublicense, to use Sponsor’s Trademarks in up to 5 Entries for the sole purpose of participating in the Contest. Sponsor reserves all ownership rights in its Trademarks and all use of the Trademarks under this license shall be for the benefit of Sponsor.
6. LICENSE TO ENTRY. (a) Upon submitting each Entry, you hereby grant Sponsor a nonexclusive, irrevocable and fully-paid up license to reproduce, modify, create derivative works of, publicly display and publicly perform each Entry for the purpose of judging the Entries and administering the Contest. (b) To be eligible to win a Prize, each individual whose Entry earns one of the highest scores must sign a legally-binding document granting to Sponsor a nonexclusive, perpetual, irrevocable and fully-paid up license to reproduce, modify, create derivative works of, distribute, sell, publicly display and publicly perform each Entry for any purpose and to authorize others to exercise the foregoing license rights. Only individuals who license rights in their Entries to Sponsor will be eligible to win a Prize. (c) The winners of the Contest will not receive any compensation or consideration, other than a Prize, for licensing their winning Entry to Sponsor and allowing Sponsor, if it elects, to benefit financially from the winning Entry by using the Entry in its products or for marketing purposes.
7. WINNER SELECTION. After the End Date, a panel of judges will evaluate the Entries. The 3 judging criteria and their relative weight for judging purposes are: • Effectiveness at visually conveying the meaning and import of complex data -- 50% • Visual appeal – 30% • Creativity – 20% The top 3 highest scoring Entries from eligible participants win the Contest. Sponsor reserves the right to contact individuals who submit Entries for administration and verification purposes.
8. PRIZES. Subject to Section 9 (Ties) below, the eligible individual who submits the Entry that receives the highest score will be awarded the first prize: a $500 gift certificate to the Spunk Store. The eligible individual who submits the Entry that receives the second highest score will be awarded the second prize: a $250 gift certificate to the Spunk Store. The eligible individual who submits the Entry with the third highest score will win the third prize: a $100 gift certificate to the Spunk Store (each of the first prize, second prize and third prize, a “Prize” and collectively, the “Prizes”). Each Prize is provided “as is" with no warranty or guarantee, either express or implied. No transfer, assignment or substitution of a prize is permitted, except that Sponsor reserves the right to substitute the Prize for an item of equal or greater value in the event an advertised Prize is unavailable. Each winner agrees not to cause interruption of, or damage to, the Contest and/or prevent others from participating in the Contest.
9. TIES. In the event of a tie, the tie will be broken, by naming as the winner, the Entry with the higher or highest score on “Effectiveness at visually conveying the meaning and import of complex data” criterion. If there is still a tie, the tie will be broken by naming as the winner the Entry with the higher or highest score on the “Creativity” criterion. If there is still a tie, the tie will be broken by naming as the winner the Entry with the higher or highest score on the “Creativity” criterion. The decisions of the judges are final and binding in all matters relating to this Contest.
10. WINNER NOTIFICATION. Potential winner(s) will be notified through the email address submitted with her or his entry information on or before June 26, 2017. To be eligible for a Prize, a potential winner must, within 5 days of Sponsor’s request, complete, sign and have notarized (a) an affidavit of eligibility, (b) a license, granting Sponsor the right to use the winning layout for marketing and promotional purposes, (c) a liability and publicity release (unless prohibited by law) and (d) if applicable, tax forms (collectively “Winner Documents”). If a winner fails to comply with these requirements, the Prize may be forfeited and awarded to an alternate winner (time permitting and in Sponsor's sole discretion) based on the judges’ scores. Winner Documents are subject to verification by Sponsor. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.
11. PRIZE VALUE. The approximate retail value (“ARV”) of the Prizes is as follows: first Prize -- $500; second Prize -- $250; and third Prize -- $100. Any expense not specifically included in the description of a Prize and all taxes are the sole responsibility of each Prize winner.
12. ENTRY DISQUALIFICATION. Entries that do not conform to these Official Rules and the instructions of Sponsor or do not include all required information will be disqualified in Sponsor's sole discretion. A person may not pay or otherwise improperly influence (as determined by Sponsor) a third party to submit an Entry. Entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Sponsor reserves the right to restrict or void participation from any Internet protocol address if any suspicious participation is detected. Sponsor reserves the right, in its sole discretion, to void participation by any person who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. Entries originating at any web site other than as set forth specifically above, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Contest. ANY ENTRY THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES WILL BE DEEMED INELIGIBLE IN SPONSOR'S SOLE DISCRETION.
13. PRIZE TERMS. Winners are solely responsible for travel, food and living expenses related to the Contest and the Prizes. All Prize details not specified in these Official Rules will be determined in Sponsor's sole discretion. All taxes, social security payments or other fees (including those applicable in your jurisdiction of primary residence) and other expenses not specified in these Official Rules as being provided as part of the Prize are the sole responsibility of the Prize winner. Sponsor will not replace any lost, mutilated or stolen Prize or any Prize that is undeliverable or does not reach a Prize winner because of an incorrect or changed address or other contact information. Prize winners are strictly prohibited from selling, auctioning, trading or otherwise transferring any part of a Prize. A Prize winner’s employer or other corporate entity with which she or he may be affiliated has no right to claim a Prize winner’s Prize. If receiving a Prize from Sponsor in this Contest is not in compliance with a participant’s corporate gift receiving or similar policy, Sponsor reserves the right to award the Prize to another eligible participant, in which case Sponsor will have no further obligation to the originally selected Prize recipient.
14. 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/OFFICIAL RULES 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.
15. INDEMNIFICATION. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, EACH PARTICIPANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY SPONSOR, ANY ADVERTISING AND PUBLIC RELATIONS FIRM ASSOCIATED WITH THIS CONTEST AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND CONTRACTORS (COLLECTIVELY, THE “CONTEST ENTITIES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE OR CONTESTRELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. 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 BODILY INJURY IS CAUSED BY THE NEGLIGENCE OF SPONSOR OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW.
16. NO WARRANTIES. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, BEYOND ANY NON-EXCLUDABLE GUARANTEES.
17. DISCLAIMERS. To the extent permitted by the mandatory provisions of the applicable law, the Contest Entities are not responsible and/or liable for any of the following, whether caused by a Contest Entity, a participant or by human error: (a) a Prize earned by illegitimate means (such as, without limitation, by an automated computer Contest) or awards earned in excess of any stated limits; (b) any lost, late, incomplete, illegible, mutilated, or misdirected email, mail, or Contest-related correspondence or materials; (c) any error, omission, interruption, defect, or delay in transmission or communication; (d) viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; (e) errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other materials; (f) failures of electronic equipment, computer hardware or software; (g) lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications information; (h) 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; and (i) any changes in a winner’s email address, telephone, or other contact information of which Sponsor is not given prior written notice. Sponsor is not responsible or liable for any changes or the unavailability of any web site that may interfere with the Contest or ability of a person to timely enter, vote, participate, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. The foregoing disclaimer, however, does not apply if required by law in your jurisdiction, except to the extent that any of the events listed in the previous sentence occur for reasons within Sponsor's reasonable control and liability to the injured party cannot be excluded by law.
18. UNAVOIDABLE EVENTS. Without limiting any other provision in these Official Rules, Contest Entities are not responsible or liable to any participant, winner or any person claiming through such participant for failure to supply the Prize or any part thereof in the event that any of the Contest activities or the Contest Entities' 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 governmental, federal, state, provincial or local government authority, or any other cause, whether or not specifically mentioned above.
19. PUBLICITY RIGHTS. By submitting an Entry, each participant in the Contest (except where prohibited by law), hereby grants the Contest Entities the irrevocable, sub-licensable, free of charge, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, award 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 Contest Entities' sole discretion) submitted, recorded or taken in connection with this Contest for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval. Each participant hereby releases all Contest Entities 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 in these Official Rules and each participant waives any right to inspect or approve any such use.
20. WINNER DISQUALIFICATION. Sponsor's decisions will be final in all matters relating to this Contest, including the interpretation of these Official Rules and the awarding of the Prize. All participants, as a condition of participation, 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 winning or voting in this Contest. If any person supplies false information, enters the Contest by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any award, 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 Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules or Winner Documents, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner, potential winner, even if the disqualified winner, potential winner may have been notified or displayed or announced anywhere. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST MAY VIOLATE 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.
22. DISPUTES. Except where prohibited, any and all disputes that cannot be resolved between a participant and any Contest Entity, claims and causes of action arising out of or connected with this Contest or the Prize, or the determination of a winner 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 $10 USD, and each participant further waives all rights to have damages multiplied or increased.
23. GOVERNING LAW. 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 the laws of any other jurisdiction. 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, San Francisco, California, and each participant 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.
24. WAIVER. 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/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor's sole discretion. Participants waive any right to claim ambiguity in the Contest or these Official Rules.
25. INVALIDITY. 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.
26. RIGHT TO MODIFY. 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 the award of the Prizes based on Entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor.
27. WINNER'S LIST/OFFICIAL RULES. To find out who won, send a legal-size, self-addressed, stamped envelope to: Splunk Trellis Layout Contest, attention Community Manager, Splunk Inc. 270 Brannan Street, San Francisco, CA. 94107. Requests must be received no later than 3 months following the end of the Contest End Date. For a copy of these Official Rules, print out these pages or send a legal-size, self-addressed, stamped envelope to: Splunk Trellis Layout Contest Official Rules, attn. Legal, 270 Brannan St. San Francisco, CA 94107 prior to the Contest End Date. Only 1 request of either type per outer envelope, mailed separately, will be fulfilled. Vermont residents may omit return postage with Official Rules requests. If applicable in your jurisdiction of residence, you may omit return postage with winners list and Official Rules requests.
28. THE SPONSOR OF THIS CONTEST IS: Splunk Inc. 270 Brannan Street, San Francisco, CA 94107. In case of complaints or disputes send an email to firstname.lastname@example.org and you will receive an answer or a decision within 14 business days.