Ad Contest Official Rules
VOID WHERE PROHIBITED
1. INTRODUCTION
This document describes the official rules of the Firefox Flicks Ad Contest organized by the Mozilla Corporation. The object of this contest (the "Contest") is to collect and share video ads developed by creative people from around the world and to use them in Firefox marketing efforts, both online and offline.
2. DEFINITIONS
"Work" means a 30-second video advertisement as a copyrightable work of authorship created by the Entrant for this Contest.
"Entrant" means the individual or organization that offers the Work under the terms of this Contest.
"The Sponsor" means the Mozilla Corporation.
3. ACCEPTATION
Participation constitutes Entrant's full and unconditional agreement to and acceptance of these official rules. By participating in the Contest, 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 official 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 agreements between Entrant and the Sponsor and relating to the contest.
4. ELIGIBILITY
The Contest is open only to individuals who are at least 18 years of age. Employees of Mozilla Corporation and their respective parent companies, subsidiaries, affiliates, suppliers, advertising agencies, and families, and persons living in the same household as such employees, are not eligible to participate. The Contest is subject to all national, federal, state and local laws and regulations.
5. SEVERABILITY
When any provision of the Contract 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 the Contract remain in full force and effect.
6. CONTEST PERIOD
The Contest runs from 12:00 a.m. Pacific Time, December 21, 2005 through 11:59 p.m. Pacific Time, APRIL 14, 2006.
7. HOW TO ENTER
To enter the Contest, the Entrant must go to http://www.firefoxflicks.com/adcontest/submit.html (the "Entry Page") and (a) complete and submit the online registration form with your name, address, city, state, zip, phone number and email address and (b) using the tools provided on the Entry Page submit the web version of your 30-second video ad and (c) following web submission, fill out the release form provided by Sponsor confirmation email and mail that, along with the full version of your 30-second video ad to the address provided. Entries must be submitted online and postmarked by 11:59 p.m. Pacific Time on April 14, 2006. Each Contestant or Entrant must be the named and authorized account holder of the email address submitted in connection with that Contestant's or 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.
Works submitted will not be returned or acknowledged.
Without limiting any representations or warranties, Sponsor has the right (though not the obligation) to, in Sponsor's sole discretion, reject or remove from Sponsor's websites, servers and computer systems any Work that, in Sponsor's reasonable opinion, violates these official rules or any applicable Sponsor policy or is in any way harmful or objectionable.
8. JUDGING AND SELECTION OF WINNER
All entries will be judged by a panel of experts in the fields of film and media production, advertising, and marketing. Entries will be judged on the following four criteria: 1) Concept (30%); 2) Production Quality (30%); 3) Script/Screenplay (20%); 4) Use of Firefox Logo, Name, or Tagline (10%); 5) Jingle or Soundtrack (10%). Winners will be selected on or about April 14, 2006. In the event of a tie, finalists will be re-judged based on creative use of media. The decisions of the judging panel are final on all matters relating to the Contest. All winners will be required to have signed and returned to Sponsor an affidavit of eligibility, liability/publicity release and royalty-free license 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 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.
9. PRIZE
The first prize winner will receive a $5,000 gift certificate to B&H Photo and Video (ARV: $5,000). The second prize winner will receive a triple screen X-Top desktop display w/ 19" SlimLine LCDs (ARV: $5,000). The third prize winner will receive an Alienware DHs5 media center PC (ARV: $2,500). The prizes are non-transferable and no substitution by winner or cash equivalent is permitted. Sponsor may substitute prize for one of equal or greater value at its sole discretion.
The winner will be responsible for all taxes on the prize.
10. REPRESENTATIONS AND WARRANTIES
By participating in the Contest, the Entrant warrants and represents in connection with the Work submitted that: (a) the use of the Work, as described below, will not infringe the proprietary rights, including without limitation the intellectual property rights, of any third party; (b) the use of the Work, as described below, will be in compliance with any third-party licenses pertaining to the Work; (c) the Work is not obscene or libelous, and does not violate the right of privacy or publicity of any third party; (d) he/she has accurately categorized and described the type and nature of the Work on the Entry Page; (e) the Work has not been previously published or submitted in any other contest; (f) the Work and its use as described below will not violate any federal, state or local laws or ordinances.
11. INTELLECTUAL PROPERTY
Entrant hereby grant the Sponsor a perpetual (for the duration of the applicable copyright), worldwide, non-exclusive, royalty-free license, pursuant to the Attribution-NonCommercial-No Derivative Works 2.5 ("Creative Commons License"), to exercise the rights in the Work as follows: (a) to reproduce the Work, to incorporate the Work into one or more collective works, and to reproduce the Work as incorporated in the collective works; and (b) to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in collective works. These rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise the Sponsor has no rights to make derivative works. All rights not expressly granted by Entrant are hereby reserved. Entrant agrees that the use of the Work to promote Sponsor's Firefox browser is a non-commercial purpose.
12. AUTHORIZATION TO USE THE WINNER'S NAME
Accepting the prize constitutes permission for Sponsors to use winner's name, voice, picture, likeness, opinions, biographical information and advertisement submission without further compensation in any media now known or hereafter developed for promotional and/or publicity purposes, unless prohibited by law.
13. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By participating in the Contest, the Entrant agrees to be bound by these official rules, including all eligibility requirements and all decisions of the Sponsor.
By participating in the Contest, the Entrant agrees to indemnify and hold harmless the Sponsor and its officers, directors, employees, agents, affiliates, subsidiaries, and parents ("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 official rules, or (ii) participation in the Contest; or (iii) acceptance and/or use or misuse of any prize in connection with the Contest.
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, 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, Sponsor may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice at http://spreadfirefox.com/ad/update. If the Contest is terminated before the scheduled end of the Contest Period, 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 Sponsor believes to be causing any malfunction, error, disruption, or damage will be disqualified. 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 entry duplication method and to disqualify any individual using such a method.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL SPONSOR OR ANY SPONSOR ENTITY BE LIABLE TO YOU 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 OFFICIAL RULES, THE CONTEST OR ENTRANT'S PARTICIPATION THEREIN, EVEN IF 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 SPONSOR OR ANY SPONSOR ENTITY RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR ENTRANT'S PARTICIPATION THEREIN EXCEED THE GREATER OF $1 OR AMOUNTS PAID BY ENTRANT IN CONNECTION WITH 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 YOU.
By participating in the Contest, Entrant agrees to hold harmless Sponsor, its officers, directors, employees, divisions, affiliates, subsidiaries, advertising and promotional agencies, from any claim by any third party relating to any rights in any Work submitted.
14. PRIVACY
Except as otherwise stated herein or as otherwise agreed by Entrant and Sponsor, the information communicated by the Entrant in connection with Entry to the Contest will be used for the sole purpose of this Contest, and will not be communicated to third-parties.
15. 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 trademark, servicemark, trade name or logo must comply with the Mozilla Trademark Policies as posted at http://www.mozilla.org/licensing/.
16. LITIGATION
The interpretation and enforcement of these official rules will be governed by the laws of the State of California, USA. The Entrant and the Sponsor agree to submit all disputes arising out of or relating to these official 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. These official rules will be void where any provision thereof would be found invalid by a court of competent jurisdiction. If you are a resident of such a jurisdiction, you may not participate in the Contest.
17. NAME OF WINNER
For the names of the winners, send a self-addressed, stamped envelope to FIREFOX FLICKS AD CONTEST Winner List, attn: Firefox Flicks Contests, 1981 Landings Drive, Mountain View, CA 94043. Requests must be received (not postmarked) by April 30, 2006.
18. CONSIDERATION
Entrant agrees that the ability to participate in the Contest and to compete for the prizes offered in connection with the Contest are sufficient consideration for Entrant's obligations under these official rules.
19. AMENDMENT; WAIVER
Sponsor may amend these official rules or cancel the Contest, at any time, in its sole discretion and without further notice, by posting to this Web page an amended version of these official rules. Sponsor encourages you to regularly review these official rules for any changes. By performing any act constituting participation in the Contest after a change of these official rules, you will be deemed to have consented to that change. No waiver by a party of a breach of any provision of these official rules or failure by a party to exercise any right under these official rules will operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.