NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES
A purchase or payment will not increase or improve chances of winning.
1. Sweepstakes Description: The Datadog Cloud Foundry Summit EU Sweepstakes described at https://www.datadoghq.com/event/pre-cloud-foundry-eu17-sweeps/ (the “Sweepstakes”) is being sponsored by Datadog, Inc. (“Datadog”). Datadog invites eligible individuals (“Entrants”) to submit an entry to the Sweepstakes. Grand Prize Winners will be selected in a random drawing from among all eligible entries received. The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited.
2. Sweepstakes Period: The Sweepstakes entry period begins on September 28, 2017 at 3:00am EDT and ends October 3, 2017 at 11:59am EDT (the “Sweepstakes Period”). Datadog’s clock is the official clock and sole determinant for the purposes of a valid submission in the Sweepstakes.
3. Eligibility: The Sweepstakes is only open to legal residents of Denmark, Netherlands, United Kingdom, Germany, France, Norway, Sweden, Belgium, Switzerland and Ireland who are 18 years of age or older as of the date of entry. The Sweepstakes is not open to any employee of a current (or past) Datadog customer, or to anyone who previously signed up for a free trial of a Datadog service. In addition, the Sweepstakes is not open to any agent or employee of Datadog or its affiliates or marketing firms, or to any immediate family or household member of those individuals or to any previous winner of a sweepstakes sponsored by Datadog.
4. How to Enter: There are two ways to enter the Sweepstakes:
(a) To Enter Online: Visit the URL referenced above during the Sweepstakes Period and follow the directions for Sweepstakes entry, which includes (i) signing up for a free trial of the Datadog service, (ii) installing the agent, and (iii) creating a custom dashboard within the Datadog service (collectively, the “Directions”). Entries submitted through completion of the Directions must be received by the Datadog during the Sweepstakes Period.
(b) To Enter by Mail: Print your first and last name, address, city, state, zip code, telephone number, email address and Cloud Foundry Summit EU Sweeps 2017 on a 3” x 5” piece of paper and mail it to ATTN: Event Marketing, 620 8th Avenue, 45th Floor, New York, NY 10018. Entries submitted by mail must be postmarked during the Sweepstakes Period and be received by the Datadog no later than 2 days after the Sweepstakes Period.
5. For an Entrant to be entered into the Sweepstakes, the Entrant must: (a) complete all Directions as outlined in paragraph 4(a); or (b) enter by mail as described in paragraph 4(b). Entrants understand that submitting an entry does not mean they will win the Sweepstakes. Incomplete entries may be disqualified. All entries submitted become the property of Datadog and will not be returned. All Entrants are permitted to submit one entry to the Sweepstakes. Entries will be void if no email address is provided, if the supplied email address is not current or if first and last name are not provided. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. Potential winners may be required to show proof of being the authorized account holders. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
6. Drawing; Odds; Notification: On October 4, 2017 at 9:00am EDT seven Grand Prize Winners (collectively the “Prize Winners,” each a “Prize Winner”) will be selected in a random drawing from among all eligible entries received. The random drawing will be conducted and the Prize Winners notified via email by 10:00am EDT on October 4, 2017. Odds of winning depend on the number of eligible Entrants. All Entrants are solely responsible for ensuring that they include along with their entry current and valid contact information. Returned or undeliverable notifications may result in forfeiture of the prize. Where not prohibited by law, the Prize Winners may be required to execute and return to Datadog a notarized affidavit of eligibility, a liability release, and a publicity release relating to Datadog’s publication of the Prize Winners (collectively, the “Affidavit”) within 10 business days of attempted prize notification in order to claim the prize or the prize may be forfeited and awarded to an alternate winner selected in a random drawing from among all remaining eligible Entrants. The Affidavit must be in the form provided by Datadog.
7. Prizes and Approximate Retail Value (“ARV”):
(a) Each Grand Prize Winners will win (i) one full conference pass to Cloud Foundry Summit EU 2017 in Basel, Switzerland. This does not include Travel or Hotel expenses.
(b) The approximate retail value of the Grand Prize Winner package is €680/781 CHF
(c) All prizes are subject to availability and Datadog reserves the right to substitute prizes of similar or greater value in its sole discretion. The prizes are not transferable. The prizes are limited to that specified above; all other unspecified costs, fees, and expenses associated with prize award, receipt, and use are solely the responsibility of the Prize Winners. Any and all federal, state, and local taxes on a prize are the sole responsibility of the Prize Winners. Delivery of prizes may take approximately six to eight weeks from the date of receipt of the Prize Winner’s signed Affidavit (if applicable) and/or IRS 1099-MISC form. Should a Prize Winner not complete such applicable forms or confirm all dates and details for such Prizes as reasonably requested by Datadog by October 16, 2017, the applicable prize will be forfeited.
8. Publicity: Acceptance of a prize constitutes permission to use a Prize Winner’s name, biography, likeness, photographs, video, voice, opinions, and any statements attributable to him or her for promotional purposes by Datadog in any manner or media without notice, additional permission, or compensation, except where prohibited by law.
9. Agreement to Official Rules and Decisions: By submitting an entry, Entrants fully and unconditionally agree to abide by and be bound by the terms and conditions of these Official Rules and the decisions of Datadog, which decisions shall be final and binding on all matters pertaining to the Sweepstakes, including without limitation decisions regarding eligibility, the selection of the Prize Winners, and the interpretation of these Official Rules.
10. General Conditions: All prizes are awarded “as is, where is,” without warranty of any kind, express or implied, including, without limitation, any warranty of merchantability or suitability for a particular purpose. Datadog reserves the right to modify the Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Except as otherwise expressly provided in these Official Rules, any use of automatic, programmed, or like methods of entry (e.g., bots or scripts) will void all submissions by such methods. Datadog reserves the right, in its sole discretion, to terminate, modify, or suspend the Sweepstakes if, in Datadog’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if any factor beyond Datadog’s reasonable control – including but not limited to viruses, bugs, unauthorized intervention, fraud, and technical difficulties or failures – corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Datadog reserves the right in its sole discretion to disqualify any individual it finds or believes to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Datadog reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Datadog’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
11. Failure to Comply with Official Rules: Without limitation, a Prize Winner may be disqualified with any prize forfeited due to any of the following: (i) the Prize Winner fails to comply with any of the terms, conditions, restrictions, or limitations of these Official Rules; (ii) the Prize Winner is found to be ineligible; (iii) the Prize Winner fails to respond to the prize notification within three days after its transmission or mailing; (iv) the return of two attempted email notifications as undeliverable; (v) the Prize Winner fails to respond to any other notice within three days after its transmission or mailing; (vi) the return of any other notice as undeliverable; or (vii) the Prize Winner fails to complete, sign, have notarized, and return to Datadog the Affidavit within 10 business days of attempted prize notification (if requested by Datadog, except where prohibited by law). In the event of disqualification of a Prize Winner, the prize will be forfeited and awarded to an alternate winner selected at random.
12. Indemnification: By submitting an entry, Entrants agree to release, discharge, indemnify, and hold harmless Datadog, together with its affiliates and marketing firms, and their respective directors, officers, employees, shareholders, and agents (collectively, “Datadog Parties”), from and against any liability, injury, death, loss, or damages to Entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by reason of their participation in the Sweepstakes (or related activities), their acceptance, possession, or use/misuse of a prize, or from any delay in receiving any prize awarded. Entrants’ obligations to indemnify Datadog include actions arising (a) from any allegation that any entry or any related content infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party, or (b) from any other violation of these Official Rules. By submitting an entry, Entrants agree that they have no right to bring (and covenant not to bring) any claim, action, or proceeding of any kind or nature whatsoever against any Datadog Party in connection with this Sweepstakes. Entrants acknowledge and agree that no Datadog Party has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the non-infringement or protection of any copyright, trademark, patent, or any other claimed right or interest in related content.
13. Limitation of Liability: Datadog is not responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, or illegible entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; © the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; or (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries. Entrants agree that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and Entrants waive all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
14. Governing Law: Entrants agree that any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any prizes awarded shall be governed in all respects by the laws of the State of New York without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be only in the state or federal courts sitting within the State of New York, without waiver of any right of Datadog to removal pursuant to 18 U.S.C. §§ 1441, et seq.
15. Severability: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
17. Winners List: To obtain the list of Prize Winners (available one month after the drawing), mail a request for a copy of the Sweepstakes winners list with specificity as to associated event, including a self-addressed and stamped envelope, to ATTN: Event Marketing, Datadog, Inc. Datadog, Inc., 620 8th Avenue, 45th Floor, New York, NY 10018.
18. Sponsor: Datadog, Inc., 620 8th Avenue, 45th Floor, New York, NY 10018.