Jetpack Lift-Off – Rules
Official Rules
VOID WHERE, OR TO THE EXTENT, PROHIBITED. NO PURCHASE
NECESSARY TO ENTER OR WIN.
- INTRODUCTION
This document describes the official rules (“Official Rules”) of the Jetpack Lift Off Contest organized by the Mozilla Corporation, (the “Contest”). The object of this contest is to encourage and promote innovation in Web experience through the development of add-ons to the Firefox 3.5 Web browser. Information on how to enter and about the prizes may be found in the Contest Details and are part of these Rules. To the extent of any inconsistency, these Official Rules prevail. - DEFINITIONS
“Entry” means a software product or design 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.
The “Sponsor” means the Mozilla Corporation located at 650 Castro Street, Suite 300, Mountain View, CA 94041.
- 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. - ELIGIBILITY
- Contest is open to individuals who are at the age of majority in your country of residence (e.g., at least 18 in the US or 20 in Japan).
- Minors 13 years or older are eligible to participate in the Contest but will be required to submit a signed parental consent form with their Entry.
- 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, Province of Quebec (Canada), North Korea, 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 old 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 as such employees, are not eligible to participate.
- 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. - 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; (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.
- 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 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)). - 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 https://jetpack.mozillalabs.com/. 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.
- PRIVACY
Except as otherwise stated herein or as otherwise agreed by the Entrant and the Sponsor, the 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 Puerto Rico, Province of Quebec (Canada), Iran, Sudan, Cuba, Syria, North Korea and Union of Myanmar shall not be valid. - NAME OF WINNER
For the names of the winners and/or the judges send a self-addressed, stamped envelope to “Jetpack Lift Off CONTEST Winner List”, attn: Mozilla Contests, 650 Castro Street, Suite 300, Mountain View, CA 94041. Requests must be received (not just postmarked) by November 30th, 2009. - 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.
