Official Rules for Dream Bag Challenge Contest
OFFICIAL RULES FOR “DREAM BAG CHALLENGE†CONTEST (THE “PROMOTIONâ€).
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participant (as defined below) is submitting certain drawing and/or photographs, idea(s), written and/or other material(s) (the “Submissionâ€) for the benefit of Kata Vitec I Ltd. (the “Sponsorâ€) upon the following express terms and conditions (the “Promotion Rulesâ€) and in accordance with the Website’s Privacy Policy located at: www.kata-bags.com/Page.asp?page=23.
1. SCHEDULE OF THE PROMOTION:
Promotion begins at 00:01 A.M. E.T on November 1, 2009 and ends upon the announcement of the Winning Participants by the Sponsor (the “Promotion Periodâ€).
2. HOW TO PARTICIPATE:
You must register on the site (the “Websiteâ€) and follow the directions on that site as to how to participate in the Promotion. The web URL for this contest is:www.dreambagchallenge.com.
You may, at any time during the Submission Period (as defined below) submit photographs, drawings, idea(s) and other material(s) of your suggestion for designing a photography bag ("Your Idea") with a short description of Your Idea.
All Submissions must be submitted by you before March 1st,2010, at 23:59 P.M. E.T (the "Submission Period"). All individuals who enter the Promotion on the Website (“Participantsâ€) must strictly comply with these Promotion Rules. Your Idea, including but not limited to, videos, sketches, drawings, photographs, designs, ideas, concepts and communications attached thereto and/or related to Your Idea shall become the sole property of the Sponsor upon submission. The Submissions (including the description of Your Idea) shall be field and uploaded to the Website by the Participant in a specific format according to the specification which will be detailed in the Website. Submissions that contain prohibited, unsuitable or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be considered for inclusion in the Promotion. The Sponsor will not be obligated to notify the Participant of or give reason for such disqualification. A Submission that was approved by the Sponsor (the "Approved Submission") will be displayed on the Website, at a page named "The Gallery". A notice which announces the acceptance of the Submission will be sent by the Sponsor via email to the Participant.
3. ELIGIBILITY:
To be eligible to enter a Submission, Participant must be 18 years of age or older at the time of Submission. Participant and Users (as such terms are defined below) will be requested to complete a registration form, which will request certain personal information, such as name, age and address. By filing the registration form you represent and warrant that all the information you provided in the registration form, is and shall be accurate, current and complete.Employees of the Sponsor and their respective immediate family members and any persons living in the same household as such employees (whether related or not) are not eligible to participate in the Promotion. No purchase is necessary and a purchase or payment of any kind will not increase any Participant’s chances of winning the promotion.
4. JUDGING PROCEDURE:
4.1 Judging will be done through the following 3 phases (the "Judging Procedure"):
A. Website Users Grades - During the Submission Period, users who completed a certain registration form (the "Users") will be able to grade the Approved Submissions through the Website. The grading scale will be from 1 to 5 (5 will represent the highest grade), and shall be subject to the following conditions: (1) Each User will be able to grade all the Approved Submissions or just some of them; (2) Each Approved Submission shall be graded only once by each User; (3) The final Users grade of a certain Approved Submission shall be calculated as the sum of the grades such Submission was granted from all the Users (the "Final Users Grade"). The 250 Approved Submissions which will be granted the highest Final Users Grade will move on to the next phase of the Judging Procedure (the "Top 250 Submissions").
B. Internal Judges Committee Selection – A committee, comprising of senior employees of the Sponsor's Communications and R&D departments shall grade the 250 Top Submissions according to the following criteria: Visual design (styling), functionality and usability, and shall not be dependent on the Users Grades. The Submissions, which will receive the 10 highest grades from the Internal Judges Committee, will continue on to the final phase of the Judging Procedure (the "Internal Judges Top 10 Submissions").
C. External Judges Committee - The Internal Judges Top 10 Submissions shall be graded by an external judging committee, which shall consist of known professionals from the fields of photography and designing (the "External Judges Grades"). The names of the members of the External Judges Committee will be presented at the Website. The Sponsor has the right to remove and/or replace any member of the External Judges Committee and to add members to the External Judges Committee, any time, at its sole discretion, without an early notice. The External Judges Committee will grade the Internal Judges Top 10 Submissions by the same criteria used in the second phase of the Judging Procedure.
4.2 The final grade of each of the Submissions will be calculated as follows ("Final Grade"):
Final Grade = 0.75 * External Judges Grade + 0.25 * Final Users Grade.
5. PRIZES:
5.1 The Participants who submitted the first 500 Approved Submissions shall be entitled to receive a certain prize as shall be specified in the Sponsor's Website during the Submission Period. Such prize's retail value shall not exceed USD 20. A Participant shall be entitled to receive one prize for each of his/hers Submission which will comply with the terms mentioned above (i.e., the Submission was among the first 500 approved Submissions). It is hereby clarified that a Submission which was not approved by the Sponsor in accordance with this Promotion Rules shall not entitle its submitter to such prize.
5.2 First Prize:
The first prize shall be granted to the Participant whose his or hers Submission was granted the highest Final Grade (the "Winning Submission" and the "Winner Participant", as applicable) and shall be comprised of two parts:
(1) Camera, lenses and tripod with an approximate retail value of USD 5,000 as further detailed by the Sponsor on the Website.
(2) The Winner Participant shall be granted the opportunity to complete the design of the Winning Submission together with the Sponsor's designer(s) for the purpose of manufacturing one photography bag by the Sponsor, based on the Winning Submission design (the "One-of-a-Kind Photography Bag").
It is hereby clarified that the Sponsor has the right to make any modification to the Winning Submission design for the purpose of manufacturing the One-of-a-Kind Photography Bag without the need to receive the Winner Participant's consent to such modifications.
5.3 Second Prize:
The second prize shall be granted to the Participant whose his or hers Submission was granted the second highest Final Grade and shall include camera and lenses with an approximate retail value of USD 4,000, as further detailed by the Sponsor on the Website.
5.4 Third Prize:
The third prize shall be granted to the Participant whose his or hers Submission was granted the third highest Final Grade and shall include camera and lenses with an approximate retail value of USD 3,000, as further detailed by the Sponsor on the Website.
5.5 The Prizes shall be delivered to the Participant whose their Submissions received the three highest Final Grades (the "Winning Participants") on or about June 31, 2010 or on an earlier or later date, as shall be determined by the Sponsor, at its sole discretion, provided that the Sponsor shall publish a notice regarding such change, on the Website, within a reasonable period after such change was determined. The Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute each of the Prizes for one of equal or greater value, should it become unavailable for any reason. Each of the Winning Participants is responsible for all federal, state and local taxes, if any, and all other costs and expenses not specified herein as being awarded, that are associated with the acceptance and use of the Prizes.
5.6 The Winning Submission will be posted on the Website.
6. GRANT OF RIGHTS TO SPONSOR:
By submitting a Submission, Participant hereby agrees as follows:
6.1 in consideration of entering a Submission in the Promotion, Participant on behalf of himself/herself, his/hers heirs, executor, administrator and assigns, hereby transfers and assigns to Sponsor all rights, title, interest, copyright, intellectual property and goodwill in the Submission.
6.2 All Submissions, upon submission, shall become the property of Sponsor, and its successors, assigns and licensees (if applicable). Without derogation from the aforementioned, Sponsor will have the exclusive right to use the Submission (in each case, as submitted or as edited/modified in any way by the Sponsor, in the Sponsor’s sole discretion), including without limitation, trademark, copyright, show, transmit, publish, post, broadcast, adapt, display present, exhibit and/or otherwise use the Submission and every element thereof, in whole or in part, in any medium; reproduce, encode, store, make copies of, modify, make unlimited derivative works there from (including without limitation, make detailed designs out of, make photography bags based on, and use any element of the Submission at its sole discretion), market, sell and otherwise use the Submission for the purpose of the Sponsor's business; assign or transfer any or all such rights. Without limiting the forgoing, Sponsor will have the right to use the Submission in any packaging, merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose.
6.3 Participant forever waives and relinquishes on behalf of itself, its heirs, executor, and administrator and assigns any and all rights, including but not limited to goodwill, in and to the Submission.
6.4 Participant agrees not to issue any publicity on behalf of or in connection with Sponsor, his/hers Submission and/or his/hers participation in this Promotion.
6.5 Participant acknowledges that he/she have no right of approval or consultation with respect to Sponsor's use of the Submission.
6.6 Sponsor will not be responsible for the return or preservation of the Submission.
6.7 Sponsor shall use its sole discretion in determining the extent and manner of the use of the Submission and Sponsor is not obligated in any way to use or exploit the same or any rights granted by Participant, or any portion thereof, in any medium or any manner whatsoever, including but not limited to use on Sponsor’s Website.
6.8 Participant further agrees that the Submission is not being submitted in confidence or in trust and that any confidential or fiduciary relationship is intended or created.
6.9 Participant hereby irrevocably grants to Sponsor the unconditional and perpetual right and permission to trademark, copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Participant's name, address, image, voice, likeness, statements, biographical material , as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Participant and arising out of his/her participation in this Promotion (with or without using the Participant's name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Participant or any other party.
6.10 The Sponsor may, at its sole discretion, offer any Participant to cooperate with the Sponsor for the purpose of designing and manufacturing photography bags, whether for trade purposes or not. Such offer, if made, shall consist terms and conditions according to the Sponsor's sole discretion.
7. PROMOTION TERMS OF SUBMISSION:
As conditions of entry into this Promotion and by uploading a Submission, each Participant represents and warrants that:
(a) his/hers entire Submission: (i) is wholly original: (ii) has been created solely by the Participant; (iii) has been legally obtained and/or created; (iv) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws, regulations or network standards; (v) has not been entered into a previous promotions or has received any awards; (vi) has not been published previously in any medium; (vii) he/she has not granted or transferred any rights in or to the Submission to any third party prior to the date of Submission; and (viii) he/she has not done anything which has impaired and will not do anything to impair the rights granted to Sponsor in any way;
(b) by entering a Submission, Participant agrees to indemnify and hold harmless Sponsor, the Judges, their respective parents, and its and their subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees costs) which arise out of any breach of any of their Submission, covenants, agreements, obligations, representations or warranties set forth herein.
8. LIMITATIONS ON LIABILITIES; REMEDIES:
By submitting a Submission, Participant agrees that:
(a) any and all disputes, claims and causes of action arising out of or connected with their Submission will be resolved individually, without resort to any form of class action; any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will attorneys' fees be awarded or recoverable;
(b) under no circumstances will Participant be permitted to obtain any award for, and Participant knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages; and
(c) the Participant irrevocably waives any right to seek injunctive or equitable relief; and the Participant releases and indemnifies and holds harmless the Sponsor and the Judges from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes on the rights of Participant's work as contained in any Submission.
9. GENERAL CONDITIONS:
Submissions can only be submitted by individuals. The name of the person submitting the Submission must be the name of the person who registered on the Website with such email address, and the authorized account holder of such email address, otherwise, Submission may be deemed void.
Participants agree to the following:
(a) these Promotion Rules are final and binding in all respects; (b) an unclaimed prize shall be forfeited; (c) if for any reason the Promotion is not capable of running as planned, for reasons including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Promotion. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (i) tampering or attempting to tamper with the entry process or the operation of the Promotion or any Sponsor's websites; (ii) violating the terms of service, conditions of use and/or general rules or guidelines of any property or service, or (iii) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; (d) Sponsor reserves the right to require a potential Winning Participant to submit a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Promotion will not bring the Promotion, Sponsor and/or Judges into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion as determined by Sponsor in its sole discretion.
10. MISCELLANEOUS:
10.1 These Promotion Rules and their performance will be binding on Participant and their heirs, administrators, executor, successors and assigns.
10.2 The construction, validity, interpretation and enforceability of these Promotion Rules will be governed by and construed in accordance with the internal laws of the State of Israel without giving effect to any choice of law or conflict of law rules. Notwithstanding the foregoing, Participant acknowledges that Sponsor may nonetheless (i) seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Promotion Rules and/or; (ii) bring an action in court to protect or interpret any of Sponsor's purported intellectual property rights. Any dispute arising under or in relation to this Agreement shall be resolved in the competent court of Tel Aviv-Jaffa district, and each of the Participants hereby irrevocably submits to the exclusive jurisdiction of such court.
10.3 These Promotion Rules will not be assignable by Participant. Sponsor, its respective parents, successors and assigns, will have the unlimited right to assign these Promotion Rules and the rights granted at any time, in whole or in part, to any party.
