Tuesday, January 18, 2011

Moon Bun Lovers Contest Official Rules

Official Rules:
Entrant must follow the instructions on Contest Site and submit the completed entry of a piece of artwork created using a Moon's Creations Moon Bun. The completed entry ("Work") must: include an official Moon's Creations Moon Bun, The Work must be submitted to Moon Bun Lovers group on Flickr. ENTRIES MUST BE RECEIVED BY 11:59:59 PM (ET) ON MARCH 1, 2011. No illegible, incomplete, forged or altered entries will be accepted. Entrants may enter as many Works as they like however duplicate entries are not allowed.

1. The Work (i) must be the exclusive original work of the entrant and made for the Contest, (ii) must be in keeping with the image of Moon's Creations and Moon Buns, (iii) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, as determined by Moon's Creations in its sole discretion, (iv) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by Moon's Creations in its sole discretion, (v) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation, (vi) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or property rights or any other third party rights, or involve physical harm to any person or animal, (vii) may not contain commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to Moon's Creations, (viii) may not include any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the Contest Site and/or the proper conduct of the Contest, (ix) if found to be in violation of these rules will be disqualified and therefore removed from the Contest Site Gallery.

2. By submitting entry, entrant represents that (i) (s)he has the unrestricted right to submit the Work; (ii) all persons whose name or likeness appears in the Work have unconditionally consented in writing to their appearance in the Work and unconditionally granted entrant in writing the right to submit the Work subject to these Official Rules, a copy of which consent and grant will be furnished to the Sponsor upon request; and (iii) the Work does not infringe upon any third party's proprietary or other rights.

3. All Works submitted will remain the exclusive property of the entrant, provided that:
A. entrant will not acquire any ownership or other interest in any and all trademarks, logos and other intellectual property of Moon's Creations and/or Moon Buns contained in the Work;
B. except as expressly required in these Official Rules, entrant may not use Moon's Creations and/or Moon Buns in any manner whatsoever in connection with the Work or otherwise without express prior written approval;
C. during the Promotion Period, and for a period of one year thereafter, eligible Works submitted to the Contest may be posted at the Moon's Creations Blog or otherwise displayed in selections made by Moon's Creations, and in any form and media, but only in connection with promotion of the Contest and/or with reference to the Contest;
D. during the ten (10) year period immediately following the Promotion Period (the "Display Period"), Moon's Creations may (but will not be obligated to) display prize winning Works in any form and media in connection with the promotion of their respective businesses;
E. Moon's Creations may otherwise use prize winning Works in such manner and upon such terms and conditions as the relevant entrant may approve in writing (such approval not to be unreasonably withheld, delayed or conditioned); and
F. entrant may not authorize or permit any prize winning Work to be used to promote any product or service of any party other than entrant or Moon's Creations.

4. SELECTION OF WINNERS: Potential winners will be selected on or about March 5, 2011 from all eligible entries. Semi-finalists will be selected on the basis of Visual Impact and Clarity, Cleverness, and Technical Skill. The semi-finalists will be posted in advance of final judging. Only one entry per entrant may be chosen as a semi-finalist entry. From the semi-finalists, the final two (2) winners will be selected by Moon's Creations blog watchers in an open poll.

5. PRIZES: There will be one (1) 1st Place Prize Package awarded for both "Photo shoot" and "Customized" contest, consisting of the following:
1st Place Prize Package: Winner's entry will be posted on Moon's Creations blog and associated sites with any links applicable to winner. Winner will receive a Moon Bun prize pack including, but not limited to a Moon Bun tote bag, Post Cards, Prints, Moon Buns, Jewelry, Charms, etc.
Total ARV of prizes: $100 USD. Odds of winning depend on number of eligible entries received and nature of Work. Moons' Creations reserves right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. Sponsor responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Taxes and fees, if any, are the sole responsibility of prize winners.

6. ELIGIBILITY: Contest open to all.

7. GENERAL: This Contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. This Contest will be governed by the internal laws of the State of Virginia. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within the State of Virginia. Sponsor and judges are not responsible for late, lost, stolen, damaged, garbled, incomplete, misaddressed, postage due, incorrect or misdirected entries, mail or communications, for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise. Sponsor and judges not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail account to receive e-mail messages. Sponsor disclaims any liability for damage to any computer system resulting from participation in, or accessing, posting, uploading or downloading information in connection with, this Contest, and reserve the right, in their sole discretion, to modify, cancel, terminate or suspend this Contest should any virus, bug, technical failures, unauthorized human intervention or other causes beyond Sponsor's reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In the event of any such cancellation, termination or suspension, a notice will be posted on the Contest Site and the winners will be selected from among all eligible entries received prior to such time. Sponsor reserves the right, in their sole discretion, to disqualify any entrant from this Contest or any other promotion conducted now or in the future by Sponsor or any of its affiliates if the entrant's fraud or misconduct adversely affects the integrity of the Contest. By participating in this Contest, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the judges and warrants that s/he is eligible to participate in this Contest. By accepting a prize, winner agrees to release Moon's Creations., its directors, employees, officers, and agents, including without limitation, their advertising and promotion agencies, from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of the prize or participation in any prize-related activities.

8. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, MOON'S CREATIONS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

2 comments:

Anonymous said...

for a little contest this seems like a lot of laws :\ kinda scary

Moon's Creations said...

It may look scary, Anonymous, but I wanted to be sure to answer all the questions upfront to avoid emails asking questions that are answered here.

The rules of the contest were written up by a lawyer to protect your intellectual property as well as my own.