#HolidayInternetWeather Sweepstakes Official Rules



1. Sweepstakes Description: VOID WHERE PROHIBITED BY LAW.The #HolidayInternetWeather Sweepstakes ("Sweepstakes") is a sweepstakes in which entrants can post messages on social media regarding Silver Peak Systems.

2. Term: The Sweepstakes begins on November 17, 2014 at 12:01 a.m. Pacific Time ("PT") and ends on December 8, 2014 at 11:59 p.m. Pacific Time ("PT") (the "Term").

3. Eligibility: To be eligible to enter the Sweepstakes, at the time of entry, you must: (i) be a legal resident of the United States including the District of Columbia; and (ii) be above the age of majority in the jurisdiction where you reside ("Entrant"). Employees and representatives of Silver Peak Systems, its respective parents, affiliates, related companies, agents, subsidiaries, advertising and promotional agencies, any prize provider, and any entity involved in the development, production, implementation, administration or fulfillment of the Sweepstakes, and their immediate family members (defined as parents, children, siblings, spouse, or life partner) and persons living in the same household, are not eligible to participate. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.

Corporate Entrants - If you are entering the Sweepstakes on behalf of your employer, these rules are binding on you, individually, and/or your company. If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consent thereto, including your potential receipt of a prize. You further warrant that your actions do not violate your employer’s or company's policies and procedures and that the dataset you provide is available to be made public and is not restricted by any confidentiality or privacy restrictions, policies or procedures.

4. How to Enter:To enter the Sweepstakes, post to Twitter with the hashtags #HolidayInternetWeather and #TweetYourPing along with a message containing the network round-trip time (Ping time) to any internet retailer - this constitutes a "Submission." To be considered, all messages on all platforms must include the hashtags #HolidayInternetWeather and #TweetYourPing. Optionally, submissions may also contain other hashtags.

Multiple entries are allowed per Twitter user; each tweet with the correct submission information will be considered one entry.

Proof of entry does not constitute proof of receipt by Sponsor. Submissions must be made no later than the end of the Term to be eligible to win. Sponsor is not responsible for (i) inaccessible, lost, late, misdirected, mutilated, damaged, irregular, altered, counterfeit, fraudulent, incomplete, or illegible Submissions, which are void, or (ii) for any computer-related, online, telephonic, or technical malfunctions that may occur. Illegible, unintelligible, inaccessible, non-public, incomplete, garbled, or mutilated Submissions will be disqualified. Sponsor reserves the right, in its sole discretion, to disqualify any Submissions not in compliance with these Official Rules.

By making a Submission and participating in the Sweepstakes, you represent and warrant that: (i) you agree to the terms and conditions of use of the www.silver-peak.com website available at http://www.silver-peak.com/privacy, and also hereby grant Silver Peak Systems an irrevocable, royalty-free
license to use your Submission for marketing, promotional and any other use; (ii) you are the owner of the Submission, the Submission is your original work, and you have secured any and all rights, releases, or permissions necessary for the use and distribution of your Submission by Silver Peak Systems; (iii) your Submission does not violate or infringe upon the copyright, trademark, or other intellectual property rights, publicity rights, or any other rights of any third party; (iv) your Submission contains data that is publicly available or is now made publicly available and does not contain data that should remain confidential or private.

5. How to Win: One (1) winner will be selected at random for the prize.

On December 9, 2014, the winner will be selected and notified via Twitter. If the winner does not respond to the notification attempt within three (3) days from the first notification attempt, then such potential winner will be disqualified and an alternate winner will be selected. The winner will subsequently be announced in publicly available forums, events and media as determined, selected and represented by the Sponsor.

The Sponsor's decisions are final with respect to all aspects of the Sweepstakes. Sponsor and its parent, affiliates, subsidiaries, employees, agents, officers and directors, advertising and Sweepstakes agencies, and their respective officers, directors, employees and their respective agents will not be liable for unsuccessful efforts to notify a winner. If a potential winner declines a prize, fails to claim a prize, cannot be contacted within the time period stated herein, fails to abide by the Official Rules, is determined to be ineligible, or if a prize notification email is returned as undeliverable, such prize will be forfeited, and Sponsor may select an alternate potential winner from all remaining eligible entries as described herein.

6. Prize:

One (1) Prize will be awarded to the winner.

The Prize includes one (1) new GoPro Silver Edition camera, value $299.99.

No prize substitution, cash substitution, or assignment or transfer of any of the prizes is permitted, except by Sponsor for reason of unavailability, in which case a prize of equal or greater value will be awarded. The prize consists of only those items specifically listed as part of the prize. All taxes, costs, and fees associated with the Prize are the sole responsibility of the winners. LIMIT ONE PRIZE PER PERSON. Odds of winning depend on the number of entries and the creativity of the entrants.

7. Conduct: By participating in the Sweepstakes, Entrants agree to comply with and be bound by these Official Rules. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Entrants further agree to comply with and be bound by decisions of Sponsor, which shall be final and binding in all respects. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be: (a) tampering or attempting to tamper with the operation of the Sweepstakes or Sponsor's web site(s); (b) violating these Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor's property or services; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

Except where prohibited by law, by accepting a prize, winners consent to Sponsor's use of their name, likeness, address (city and state only), statements, photograph, voice, Submission, and/or likeness for advertising and promotional purposes related to the Sweepstakes, and for any other business purposes, in any and all media now known or hereafter devised, worldwide and without further notice, compensation, consideration, review or consent and without regard to moral rights.

8. Limitations of Liability: By participating in the Sweepstakes, Entrants agree, to the fullest extent of the law, to release and hold harmless Sponsor, and its respective parent, related companies, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any claim, injury, loss, or damage of any kind arising from or in connection with the Sweepstakes (including but not limited to the receipt, use, or misuse of any prize or any component thereof) or the promotion thereof. Sponsor assumes no responsibility or liability for the following: (a) telephone or technical malfunctions that may occur; (b) any incorrect or inaccurate information, any of the equipment or programming associated with or utilized in the Sweepstakes, or any technical or human error which may occur in the processing of purchases and/or invoices in connection with the Sweepstakes; (c) any injury or damage to participants related to or resulting from participating in this Sweepstakes, including any use or receipt of a prize awarded herein; or (d) any use or inability to use any awarded prize.

9. Right to Terminate or Modify:If, for any reason, the Sweepstakes is not capable of running as planned, including because of tampering, unauthorized intervention, fraud, technical failures, force majeure, or any other cause beyond the control of Sponsor which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. Sponsor reserves the right to modify these Official Rules at any time for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by Sponsor or its agents.

10. Privacy: By participating in the Sweepstakes, you acknowledge that you have read and agree to the conditions of Sponsor's privacy policy, located at http://www.silver-peak.com/privacy, which governs the collection, use and disclosure of personal information for the purposes of this Sweepstakes. Furthermore, you consent to the collection, use and disclosure of your personal information by Sponsor and its authorized agents for the purposes of administering this Sweepstakes and prize fulfillment.

11. Governing Law: All federal, state, municipal, provincial, and local laws and regulations apply. This Sweepstakes and these Official Rules are governed and interpreted by the laws of the State of California without regard to its conflict of law provisions. VOID WHERE PROHIBITED.

12. Winner List / Official Rules: For a copy of the Official Rules for this Sweepstakes, please visit http://www.silver-peak.com/sweepstakes.

13. Sponsor: Silver Peak Systems, located at 2860 De La Cruz Blvd., Suite 100, Santa Clara, CA 95050 is the sponsor of this Sweepstakes ("Silver Peak" or "Sponsor").

14. Disclaimer: The trademarks associated with the Prize awarded under this Sweepstakes are registered or unregistered trademarks of their owners, who are not affiliated nor have endorsed this Sweepstakes. Prizes awarded under this Sweepstakes may be subject to restrictions and licenses from their manufacturers and may require additional hardware, software, service, or maintenance to use. The prize recipient shall bear all responsibility for use of such prize in compliance with the conditions imposed by the manufacturer, and any additional costs associated with its use, service, or maintenance.

Questions email wanspeak@silver-peak.com.