MOZILLA STUDENT ART OFFICIAL RULES
VOID WHERE, OR TO THE EXTENT, PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN.
1. INTRODUCTION
This document describes the official rules (“Rules”) of the Mozilla® Student Signatures Competition (the "Contest") organized by the Mozilla Corporation. The object of this Contest is to expand and promote the emerging community of artists within Mozilla Personas add-on (“Personas”) and to recognize three (3) winners.
Information on how to enter and about the prizes is part of these Rules. To the extent of any inconsistency, these Rules prevail.
2. DEFINITIONS
"Entry" means piece of art created by the Entrant for this Contest and meets the work criteria in Section 8 of these Rules.
"Entrant" means a Student (as defined below) who offers the Entry under the terms of this Contest and who meets the eligibility requirements in Section 4. Entrant may have sold art or shown in a gallery.
"Sponsor" means the Mozilla Corporation located at 650 Castro Street, Suite 300, Mountain View, CA 94041 - 2072.
3. ACCEPTANCE
Participation constitutes the Entrant's full and unconditional agreement to and acceptance of these Rules. By participating in the Contest, the Entrant is representing and warranting that he/she has read and understood, and agrees to be bound by, these rules. Including the guides and rules referred to herein, these Rules constitute the entire agreement between the Entrant and the Sponsor in relation to the Contest. They govern the Entrant's participation and supersede any prior or other agreements between the Entrant and the Sponsor and relating to the Contest.
4. ELIGIBILITY
Students currently enrolled in an undergraduate or graduate course at any higher education institute, college, the equivalent of college, graduate school, or trade school (“Student”). Students may have sold art or shown art in a gallery.
Contest is open only to individuals. Contest is not open to companies, educational institutions, organizations, etc., or to persons associated with such institutions.
Contest is open only to individuals who are the age of majority in your country of residence (e.g., at least 18 in the US or 20 in Japan).
Contest is open only to individuals. Contest is not open to companies, educational institutions, organizations, etc. Students may not enter any work or design that is part of any work done for such institutions and which that institution may claim ownership.
Contest is void in Cuba, Iran, Province of Quebec (Canada), North Korea, Sudan, Syria, Union of Myanmar, and where prohibited by law.
Entrant must submit an Entry meeting the criteria set forth in Section 8 in order to be eligible to win a prize.
Employees and contractors of Mozilla Corporation and their respective parent companies, subsidiaries, affiliates, suppliers, advertising agencies, and families, and persons living in the same household of such employees, are not eligible to participate.
Only one Entry per individual.
Entrant must submit an Entry meeting the criteria set forth in Section 8 in order to be eligible to win a prize.
5. SEVERABILITY
When any provision of these Rules is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the Court should endeavor to give effect to the intentions of the parties as reflected in the provision, and that the other provisions of these Rules remain in full force and effect.
6. CONTEST PERIOD
The Contest runs from 5:00 am Pacific Daylight Time (“PDT”) (12:00 pm GMT) September 11, 2009 through 12:01 am September 18, 2009 PDT (7:01 am GMT September 19, 2009). All Entries must be received by Sponsor no later than 12:01 am September 18, 2009 PDT (7:01 am GMT September 19, 2009). Sponsor in its sole discretion may cancel or postpone the Contest.
7. HOW TO ENTER
To enter the Contest, the Entrant must go to http://www.getpersonas.com/contest (the "Entry Page") and (a) complete and submit the online registration form with his/her/their name, age, address, city, state or province, postal code, country, phone number and email address and (b) using the tools provided on the Entry Page submit the Entry following the instructions included therein. There is no fee to enter the Contest.
Entries must be submitted online by 12:01 am September 18, 2009 PDT (7:01 am GMT September 19, 2009). Each Entrant must be the named and authorized account holder of the email address submitted in connection with that Entrant's Entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Entries submitted will not be returned or acknowledged.
Without limiting any representations or warranties, the Sponsor has the right (though not the obligation) to, in the Sponsor's sole discretion, reject or remove from the Sponsor's websites, servers and computer systems any Entry that, in the Sponsor's sole discretion, violates these Rules or any applicable Sponsor policy or is in any way harmful or objectionable. Sponsor also reserves the right to disqualify any Entrant or Entry at the Sponsor's sole discretion. No correspondence shall be entered into.
8. WORK CRITERIA
All Entries must meet specific criteria to be accepted into the contest:
(a) Entries must meet the Personas design specifications and guidelines.
(b) The original art of the Entry may be of any medium (e.g., painting, sculpture, mixed media, photograph) as long as the Entry meets the Personas design specifications.
(c) Entry must be submitted under the Creative Commons Attribution-Share Alike 3.0 License.
(d) Sponsor reserves the right to make all or some of the Entries and Entrants’ names public.
9. JUDGING AND SELECTION OF WINNER
All the Entries will be available on the Personas website from September 22, 2009 through October 6, 2009. On October 9, 2009, the 10 Personas with the most downloads will be chosen and scored by a panel of experts based on the following judging criteria:
Artistic creativity (40%)
Originality (40%)
Following the Personas formatting (20%)
Using the above criteria, a panel of judges will choose the top 3 Entries (the “Finalists”).
Any submission that Sponsor believes has been plagiarized or is illegal will be disqualified.
The Finalists will be notified on or about Sept 5, 2009.
The Entrant with the highest score of the Finalists will be the grand prize winner. In the case of a tie, the Finalist with the highest active daily users will win the grand prize. If both Entries have the same number of active daily users, the judges will make the final decision.
The winner will be selected on or about October 21, 2009. All winners will be notified by mail, phone, or email on or about October 22, 2009.
The decisions of the judging panel and community vote are final on all matters relating to the Contest and no correspondence will be entered into. All potential winners will be subject to verification of eligibility and compliance with these Rules, will be required to sign and return to Sponsor an affidavit of eligibility (or equivalent if outside the USA), liability/publicity release within ten (10) days of the date of winning notification, otherwise the prize (if applicable) will be forfeited, and the Entrant having the next highest score will be deemed to be the winner. If a winner cannot be notified within five (5) days after his/her/its selection, or in the event of non-compliance with any of these requirements, the prize will be forfeited, and the Entrant having the next highest score will be deemed the winner.
10. PRIZES
1st Prize
2nd Prize
3rd Prize
The prize is non-transferable and no substitution by winner or cash equivalent is permitted. The Sponsor may substitute any prize for an equivalent one of equal or greater value at its sole discretion. Entrants will be responsible for all federal, state, local and other applicable taxes relating to any prize awarded in this Contest.
11. REPRESENTATIONS AND WARRANTIES
By participating in the Contest, the Entrant warrants and represents in connection with the Entry submitted as part of his/her participation in the Contest: (a) he/she is the sole and exclusive owner of (and free of any adverse claim by any person, firm, or corporation) all intellectual property rights in and to the Entry (exclusive of Mozilla’s intellectual property rights); (b) the Entry is original and the use of the Entry as described in these Rules will not infringe the proprietary rights, including without limitation the intellectual property rights, of any third party; (c) the use of the Entry, as described in these Rules, will be in compliance with any third-party licenses pertaining to the Entry; (d) the Entry is not obscene or libelous, and does not violate any rights of any third party, including but not limited to rights of privacy or publicity; (e) he/she has accurately categorized and described the type and nature of the Entry on the Entry Page; (f) the Entry does not contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the Entry; (g) the Entry and its use as described in these Rules will not violate any federal, provincial, state or local laws or ordinances; (h) no employer or educational or other establishment has any rights in the Entry; (i) the Entry is consistent with these Rules; and (j) he/she has the right to grant the license to Sponsor and its designees in Section 12 below.
12. INTELLECTUAL PROPERTY
Any Entry entered in this Contest shall remain the exclusive property of the Entrant and Entrant's licensors, excluding any trademarks of Sponsor or the Mozilla Foundation. By participating in the Contest and in addition to any open source license governing the Entry, the Entrant covenants to grant, and thereby grants, to Sponsor and its designees a nonexclusive, irrevocable, sublicensable, unconditional, transferable, worldwide royalty-free license to the Entry to reproduce, encode, store, modify, transmit, publish, post, copy, adapt, distribute, and publicly display and perform all such derivative works and screen shots in connection with the Entry. In addition, Entrant licenses the Entry under the Creative Commons Attribution-Share Alike 3.0 License. In the case of Entrants who are Australian residents, Entrants consent to the Sponsor doing or omitting to do any act which may otherwise infringe the Entrant’s moral rights (as defined in the Copyright Act 1968 (Cth)).
13. AUTHORIZATION TO USE WINNER'S NAME
Accepting the prize constitutes permission for the Sponsor to make public and otherwise use winner's name, voice, picture, likeness, opinions, biographical information, city and country of residence, and submitted work without further compensation in any media now known or hereafter developed for promotional and/or publicity purposes, unless prohibited by law. Each winner also agrees to participate in and cooperate with any promotional activity and/or publicity relating to the contest as the Sponsor shall reasonably request from time to time.
14. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By participating in the Contest, the Entrant agrees to be bound by these Rules, including all eligibility requirements and all decisions of the Sponsor. By participating in the Contest, the Entrant agrees to indemnify, defend, and hold harmless the Sponsor and its officers, directors, employees, agents, affiliates, contractors, contributors, subsidiaries, licensors, distributors, and parent ("Sponsor Entities") from any and all liability, claims, or actions of any kind, including, without limitation, property damage, personal injury, and/or death, arising out of his/her (i) breach of any representation, warranty or covenant contained in these Rules; or (ii) participation in the Contest; (iii) acceptance and/or use or misuse of any prize in connection with the Contest; or (iv) any third party claim relating to any rights in any design submitted.
BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT THE SPONSOR ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES.
By participating in the Contest, the Entrant agrees that the Sponsor is not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, corrupted or garbled entries; (b) telephone, computer, or network malfunction or error; (c) communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise resulting to any computer from Entrant's access of the Contest website. If such malfunction, error, disruption, or damage occurs or impairs the administration, security, fairness, or integrity of the Contest, the Sponsor may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice at www.getpersonas.com/student. If the Contest is terminated before the scheduled end of the Contest Period, the Sponsor will determine the winner from all eligible entries received as of the termination date. Persons found tampering with or abusing any aspect of the Contest, or whom the Sponsor believes to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified. The Sponsor reserves the right to disqualify any unauthorized entries, including, without limitation, multiple entries from the same person, or any entries made through robotic, automatic, mechanical, programmed or similar multiple-entry, or entry duplication, method and to disqualify any person or entity using such a method.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL THE SPONSOR OR ANY SPONSOR ENTITY BE LIABLE TO ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN, EVEN IF THE SPONSOR OR A SPONSOR ENTITY WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF THE SPONSOR OR ANY SPONSOR ENTITY RELATING IN ANY MANNER TO THESE RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN EXCEED THE GREATER OF US$1,000 OR ANY OTHER AMOUNTS PAID BY THE ENTRANT TO ENTER INTO THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE ENTRANT. IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE CONTEST, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEY'S FEES.
For the avoidance of doubt, to the extent that English law applies, nothing in these Rules shall limit or exclude either party's liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of law.
15. PRIVACY
All Entries may be made public as well as the Entrants’ names. Except as otherwise stated herein or as otherwise agreed by the Entrant and the Sponsor, all other personal information communicated by the Entrant in connection with Entry to the Contest will be used for the purposes relating to this Contest, and will not be communicated to third-parties without prior permission. Please refer to our Privacy Policy (located at http://www.mozilla.com/en-US/privacy-policy.html) for further details.
16. TRADEMARK INFORMATION
The names Mozilla, Firefox, Thunderbird, Bugzilla and XUL, as well as the Mozilla logo, Firefox logo, Thunderbird logo and the red lizard logo are all registered trademarks of the Mozilla Foundation. Any use of those or any other Sponsor (or Mozilla Foundation) trade mark, service mark, trade name or logo must comply with the Mozilla Trademark Policies as posted at http://www.mozilla.org/licensing/.
17. INTERPRETATION, GOVERNING LAW; JURISDICTION
Interpretation. In the case of any dispute about the interpretation of the Rules, Sponsor’s decision as to the interpretation shall be final and Entrant shall be bound by Sponsor’s decision.
Governing Law. The interpretation and enforcement of these Rules will be governed by the laws of the State of California, USA, except to the extent required to be governed by the local law in the place of residence of an Entrant. Contest is subject to all applicable, as the case may be, national, federal, provincial, state and local laws. In relation to residents of the United Kingdom, in the event that the laws of the State of California do not apply, English law shall apply. The Entrant and the Sponsor agree to the extent permitted by law to submit all disputes arising out of or relating to these Rules or the Contest to, and hereby waive any objection to the exclusive jurisdiction and venue of, the state and federal courts located in Santa Clara County, California. Subject to Section 5 above, if necessary any provision of these Rules which is found to be invalid by a court of competent jurisdiction shall be deemed to be struck out from these Rules. Entries by Entrants who are residents of Cuba, Iran, North Korea, Sudan, Syria, and Union of Myanmar shall not be valid.
18. NAME OF WINNER
Names of the winners and judges will be available on www.getpersonas.com/contest or you may send a self-addressed, stamped envelope to “Student Art Contest, CONTEST Winner List", attn: Mozilla Contests, 650 Castro Street, Suite 300, Mountain View, CA 94041-2072. Requests must be received (not just postmarked) by October 31, 2009.
19. CONSIDERATION
The Entrant agrees that the ability to participate in the Contest and to compete for the prizes offered in connection with the Contest constitute, where required, sufficient consideration for the Entrant's obligations under these Rules.
Please retain a copy of these Rules for your records.