Rules + Prices
OFFICIAL RULES
VOID WHERE, OR TO THE EXTENT, PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN.
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INTRODUCTION
This document describes the official rules (“Official Rules”) of the Mozilla® Marketing Challenge: Impact Mozilla (the "Contest") organized by the Mozilla Corporation. The object of this Contest is to capitalize on our community members’ knowledge of Firefox® web browser (“Firefox”) and have them use their knowledge and creativity to create a marketing plan to improve Firefox’s user retention. Information on how to enter and about the prizes is part of these Official Rules. To the extent of any inconsistency, these Official Rules prevail.
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DEFINITIONS
"Entry" means a marketing plan (one-page executive summary and/or detailed marketing plan) created by the Entrant for this Contest.
"Entrant" means the individual or group of individuals that offers the Entry under the terms of this Contest.
"Sponsor" means the Mozilla Corporation located at 1981 Landings Drive, Mountain View, CA 94043.
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ACCEPTANCE
Participation constitutes the Entrant's full and unconditional agreement to and acceptance of these Official 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 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 or other agreements between the Entrant and the Sponsor and relating to the Contest.
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ELIGIBILITY
- Contest is open only to individuals who are at least 18 years of age (or 20 years of age in the case of Japan). Contest is open only to individuals or groups of individuals.
- Contest is not open to companies, educational institutions, organizations, etc. or to groups associated with such institutions.
- Contest is void in Cuba, Iran, Iraq, North Korea, Province of Quebec (Canada), Sudan, Syria, Union of Myanmar, and where prohibited by law.
- Residents of the United States between the ages of 13 and 17 years old (or 16 to 17 years in Brazil) are eligible to participate in the Contest but will be required to submit a signed parental consent form in order to collect any prizes won.
- 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 or group of individuals.
SEVERABILITY
When any provision of these Official 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 Official Rules remain in full force and effect.
CONTEST PERIOD
The initial round of the Contest runs from 12:00 a.m. Pacific Time (07:00 GMT) September 29, 2008 through 11:59 p.m. Pacific Time October 24, 2008 (06:59 GMT October 24, 2008). All Entries must be received by Sponsor no later than 11:59 p.m. PST/06:59 GMT on October 24, 2008.
For the selected finalists who proceed to the second round of the Contest, the Contest runs through 11:59 p.m. Pacific Time December 5, 2008 (06:59 GMT December 5, 2008). All second round Entries from finalists must be received by Sponsor no later than 11:59 p.m. PST/06:59 GMT on December 5, 2008. Sponsor in its sole discretion may cancel or postpone the Contest.
HOW TO ENTER
To enter the Contest, the Entrant must go to http://www.impactmozilla.com/submit.html (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. If you are entering as a group of individuals, you will need to include each individual in the group's name, age, address, city, state, postal code, country, phone number, and email address on the Entry Page. There is no fee to enter the Contest. Only one Entry per Entrant.
Entries must be submitted online by 11:59 p.m. Pacific Time October 24, 2008 (06:59 GMT October 24, 2008). 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 Official 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.
WORK CRITERIA
All Entries must meet specific criteria to be accepted into the contest:
- Entry must be an executive summary of the marketing plan for one of the marketing challenges listed below. The executive summary may not exceed two pages;
- Improving Firefox’s user retention; or
- Marketing area that you think Mozilla should address.
- Entry must specify which specific marketing challenge is being solved;
- Entry must have a budget of less than $10,000 (USD);
- Entry must be submitted under the Creative Commons Attribution-Share Alike 3.0 License;
- Sponsor reserves the right to make all or some of the Entries public.
- Entry must be an executive summary of the marketing plan for one of the marketing challenges listed below. The executive summary may not exceed two pages;
JUDGING AND SELECTION OF WINNER
All initial Entries will be judged and scored by an internal team from Mozilla based on the following judging criteria:
To find the Finalists, all initial Entries (which will be the executive summary of the marketing plan) will be judged based on the following five criteria, each given equal weight of 20%:
- Spirit. Does the marketing plan embody the spirit of Mozilla and its global community?
- Professionalism and Thoroughness. Has the proposal been well thought out and developed, integrating marketing strategy with tactics and creativity?
- Feasibility. Is the proposal based on a structured framework for approaching and solving the particular marketing challenge?
- Business Decision. Does the program make good business sense from an investment standpoint?
- Measurability. Is there a relatively easy way to measure the program’s effect on solving the challenge it set out to solve?
Using the above criteria, a panel of judges will choose the top ten 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 November 5, 2008.
The Finalists will have one month to submit a second, more detailed marketing plan. Finalist Entries must be submitted online by 11:59 p.m. Pacific Time December 5, 2008 (06:59 GMT December 5, 2008).
The Finalist entries will then be submitted to Mozilla, posted on the Impact Mozilla website, and judged by the Mozilla community. Judging will be based on the following three criteria, each given equal weight:
- Feasibility;
- Business Decision; and
- Measurability
More detailed information about each of the above-mentioned criteria will be available at http://www.impactmozilla.com/rules-phase2.html.
The Entrant with the highest score from the Finalists will be the grand prize winner.
The winner will be selected on or about December 17, 2008. All winners will be notified by mail, phone, or email on or about December 19, 2008.
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 Official 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 is a group as opposed to one (1) individual, each member of the group listed on the Entry Page must sign and return to Sponsor an affidavit of eligibility and liability/publicity release within the timeframe stated above or the prize will be forfeited and an alternative winner will be notified. 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.
PRIZES
One Grand Prize will be awarded to the Finalist with the highest score.
The one (1) grand prize winner will receive public recognition and $3,000 USD.
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. Please note that if the winner is a group of individuals, then the group will share the above-stated prize. A prize will not be given to each member of the group. Entrants will be responsible for all federal, state, local and other applicable taxes relating to any prize awarded in this Contest.
REPRESENTATIONS AND WARRANTIES
By participating in the Contest, the Entrant, and if you are entering as a group, each Entrant within a group, 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 Official 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 Official 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 Official 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 Official Rules; and (j) he/she has the right to grant the license to Sponsor and its designees in Section 12 below.
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INTELLECTUAL PROPERTY
Any Entry entered in this Contest shall remain the exclusive property of the Entrant and Entrant's licensors. 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)).
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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.
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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, 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 Official 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 http://www.impactmozilla.com/blog. 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 OFFICIAL 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 OFFICIAL 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 Official 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.
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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.
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/.
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 Official 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 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. Subject to Section 5 above, if necessary any provision of these Official Rules which is found to be invalid by a court of competent jurisdiction shall be deemed to be struck out from these Official Rules. Entries by Entrants who are residents of Province of Quebec (Canada), Iran, Iraq, North Korea, Sudan, Cuba, Syria, and Union of Myanmar shall not be valid.
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NAME OF WINNER
For the names of the winners and/or the judges send a self-addressed, stamped envelope to “Marketing Challenge, CONTEST Winner List", attn: Mozilla Contests, 1981 Landings Drive, Mountain View, CA 94043. Requests must be received (not just postmarked) by December 31, 2008.
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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 Official Rules.
Please retain a copy of these Official Rules for your records.
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