AppDynamics “Apache” Webinar Prize Drawing

Terms and Conditions

1. GENERAL TERMS, PROMOTER, and DRAWING ENTRY PERIODS

1.1 Information regarding eligibility of entrants, official AppDynamics Webinar Prize Drawing (“Drawing”) rules, prizes, prize values, and prize distribution form part of these Terms and Conditions. By entering this Drawing, all entrants agree to be bound by these Terms and Conditions. Additionally, all Drawing entries must comply with these Terms and Conditions to be valid.

1.2 The Promoter of the Drawing is AppDynamics, Inc. (“AppDynamics” or the “Promoter”) of 303 Second Street, North Tower, 8th Floor, San Francisco, CA 94107.

1.3 The Entry Period shall be held from Friday, July ,31 2015 until Thursday, August 13, 2015.

2. ELIGIBILITY

2.1 Entry is open to residents of the United States who are 18 years of age or older at time of entry, and who register and participate in AppDynamics’ webinar titled “Add Apache Web Server to your Unified Monitoring Toolkit” (each an “Entrant” together the “Entrants”).

2.2 For detailed Drawing entry requirements, see Section 4 below.

2.3 Employees of the Promoter and its affiliates are not eligible to enter the Drawing.

3. PRIZES

3.1 “Two Grand Prizes”:  Two (2) winners will be chosen for the Grand Prize, a $25 Amazon gift card.

3.2 The total aggregate value of the two Grand Prizes is $50.00. The Promoter, at its sole discretion, may substitute prizes of equivalent or greater value for the foregoing, unless otherwise prohibited by law.   

3.3 The Grand Prize shall not be, under any circumstances, redeemable for cash.

4. ENTRY

4.1 To enter the Drawing, an Entrant must meet the eligibility requirements set forth in Sections 2.1 or 4.3.

4.2 The Promoter accepts no responsibility for: (a) any incomplete, late, lost, or misdirected entries (entries with invalid and/or expired email addresses shall be deemed “incomplete”); or (b) any instance where Entrants are not entered into the Drawing due to forces beyond the Promoter’s control.

4.3 As an alternative means of entry, an Entrant may also submit an entry during the relevant Entry Period by directly emailing promotions@appdynamics.com and providing a valid email address and name.

4.4 An Entrant may remove his/her entry at any time during the Entry Period by contacting promotions@appdynamics.com and opting out of the Drawing.

5. SELECTION OF WINNER(S)

5.1 The Promoter will randomly select the Grand Prize Winners from the pool of Entrants during or immediately after the AppDynamics’ webinar titled “Add Apache Web Server to your Unified Monitoring Toolkit”, which takes place on Thursday, August 13, 2015. The Winners will be awarded the Grand Prizes described in Section 3.

6. NOTIFICATION OF THE WINNER(S)

6.1 The Winners will be notified by email within one week from the end of the Entry Period.

7. GENERAL CONDITIONS

7.1 At the Promotor’s sole discretion, the Promoter may substitute a prize of equal or greater value, unless otherwise prohibited by law.

7.2 The Promoter reserves the right to request verification of age, identity, residential address of Entrants and the Winners, as well as any other information relevant to entry in the Drawing. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who is involved in any way in interfering or tampering with the conduct of this Drawing.

7.3 The Promoter and all Entrants acknowledge that the Drawing is or may be promoted through online social media platforms provided by Google, LinkedIn, Facebook, and Twitter. However, for clarity, the Drawing will not be administered by Google, LinkedIn, Facebook, or Twitter, nor are Google, LinkedIn, Facebook, and Twitter associated with the Promoter or the Drawing. All Entrants agree to release Google, LinkedIn, Facebook, and Twitter from any claims and/or liability arising under the administration of the Drawing. 

7.4 Promoter reserves the right to disqualify any Entrant who is found in violation of content and use policies applicable to Google, LinkedIn, Facebook, and Twitter. Full recitation of current use and content policies can be accessed at these URLs:

  • For Google: https://www.google.com/intl/en-US/+/policy/content.html
  • For LinkedIn: https://www.linkedin.com/legal/user-agreement
  • For Facebook: https://www.facebook.com/policies/
  • For Twitter: https://support.twitter.com/articles/18311-the-twitter-rules

7.5 Nothing in these terms and conditions 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 terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Promoter excludes from these terms and conditions all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non-Excludable Guarantee, the Promoter (including its officers, employees, and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Drawing, including, without limitation, the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorized access or third party interference; (c) any entry, Prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation Prize value to that stated in these terms and conditions; (e) any applicable taxes; and/or (f) the Prize or use of the Prize.

7.6 The Promoter collects personal information for the purpose of conducting this Drawing (which may include disclosure to third parties, including local lottery authorities, for the purpose of processing and conducting the promotion) and for promotional purposes surrounding this promotion. Entry is conditional upon providing this information. By entering this promotion Entrants consent to the use of their information as described and agree that the Promoter may use this information in such manner and in accordance with Promoter’s Privacy Policy, which is referred to in Section 7.7 below.

7.7 Entrants may access, change and/or update their personal information by emailing the Promoter on promotions@appdynamics.com. Each entry becomes the property of the Promoter. All details will be held in accordance with the AppDynamics Privacy Policy, which can be accessed at http://www.appdynamics.com/privacy-policy/.

7.8 Should an Entrant’s contact details change at any time following an entry submitted in accordance with Section 4 above, it is the Entrant's responsibility to notify the Promoter of such changes. A request to access or modify any information provided in an entry should be directed to Promoter at promotions@appdynamics.com.

7.9 It is a condition of accepting any Grand Prize that the Winner must comply with all the conditions of use of such Grand Prize and any of the supplier’s requirements.

7.10 In the case of the intervention of any outside act, agent, or event which prevents or significantly hinders the Promoter’s ability to proceed with the Drawing on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, or act of terrorism, the Promoter may in its absolute discretion cancel the Drawing and recommence it from the start on the same conditions, unless doing so would be prohibited by law.

7.11 The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Drawing. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

7.13 Nothing in these terms and conditions 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 terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Promoter excludes from these terms and conditions all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non-Excludable Guarantee, the Promoter (including its officers, employees, and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Drawing, including, without limitation, the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorized access or third party interference; (c) any entry, Grand Prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation of the Grand Prize value to that stated in these terms and conditions; (e) any applicable taxes; and/or (f) the Grand Prize or use of the Grand Prize.

7.14 The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Drawing. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

7.15 If for any reason whatsoever this Drawing is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify, or suspend the Drawing, unless doing so would be prohibited by law.

7.16 If required, Entrants’ personal information may be disclosed to State and Territory lottery departments and the Winners’ name published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter.

7.17 Incomplete or indecipherable entries will be deemed invalid. For detailed entry requirements, see Section 4 above.

7.18 The laws of the State of California shall apply to each Entrant and to this Drawing to the exclusion of any other law. Each Entrant submits to the exclusive jurisdiction of the courts of the State of California.

7.19 THIS DRAWING IS VOID WHERE PROHIBITED. NO PURCHASE NECESSARY.