THE CREATIVE SPACKLE CONTEST - Official Rules
You acknowledge and fully understand that by entering into this contest, you have agreed to be bound by the following terms and conditions. Your design(s) should not be submitted if you are not in agreement with the following terms as your submission will constitute your acknowledgement of such agreement.
Following are a list of terms for this contest:
1. Eligibility: NO PURCHASE NECESSARY. You must be at least 18 years of to enter the "The Creative Spackle Contest". Minors must have their parent or guardian's permission to enter.
2. Contest Period: Contest starts May 12th, 2006 at 10AM PDT. All entries must be received via email before July 2nd, 2006 at 10AM PDT (The period during which the Contest will take place is referred to below as the "Contest period"). Information requested with the email entry consists of name, address (including zip code), phone number and valid email address.
3. Judging and Notification: Any Winners of the Contest will be selected on or about August 1st, 2006 from all eligible entries received by the judge(s), whose decisions are final and binding in all respects. Odds of winning depend on the number of eligible entries received. Winners will be notified by email and/or phone. If a potential winner cannot be reached at the email address or phone number provided on the entry form and/or does not respond to Prawn Song within five (5) days from Prawn Song's first attempt to contact him/her, or if he/she is found to be ineligible, or if he/she cannot or does not otherwise comply with these Official Rules, an alternate winner will be selected by contest judges. The address provided by each entrant on the Contest entry form shall serve as the address of record in respect of all mailings to each entrant. [Changes to such mailing address may serve as a basis for disqualification.]
4. General Conditions: All Federal, state and local laws and regulations are applicable. All taxes (including, but not limited to, income taxes) are the sole responsibility of winners. Entry and/or acceptance of prize(s) constitutes permission for Prawn Song and its affiliates to use the winner's name, address (city and state) and/or likeness for advertising and trade purposes without further compensation, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation, on-line, unless prohibited by law. All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for prizes and may be prosecuted to the full extent of the law. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. The Contest is void where restricted or prohibited by law.
5. Disclaimers: Entrants agree that Contest Entities shall not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Contest, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that the Contest Entities are not responsible or liable for any injury or damage to an entrant's or third person's computer (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the Contest or downloading of information in connection with the Contest. Prawn Song reserves the right to modify or cancel the Contest at its sole discretion, without liability.
6. Rules/Winners List: Consult the notice of the winners to be posted on www.lesclaypool.com. The notice of any winners will be available after August 16th, 2006.
We also need you to agree and acknowledge the following:
A. I certify that the design(s) I am about to submit is my original work and has never been copyrighted or, if copyrighted, that I am the sole copyright owner and am at least 18 years of age. Minors must have their parent or guardian's permission to enter.
B. I am entering the design(s) as an honest and true effort of my personal creativity and unique artistic vision, and I understand that: (a) all material submitted will become the property of Prawn Song or its designees ("Les Claypool"); (b) the design(s) that I am submitting shall be deemed a "work made for hire" (as defined under the United States Copyright Act and for the purpose of all other copyright laws throughout the world) created for Prawn Song. If, for any reason, said design(s), or any portion thereof, shall be adjudged not to be a "work made for hire," then I hereby irrevocably assign all rights of ownership in such design, including without imitation, all copyrights and all renewals and extensions thereof throughout the universe, to Prawn Song; (c) the design(s) may be published in any manner or media now known or hereafter devised in connection with Prawn Song and its related endeavors and products, including on the Internet, in compact discs, DVDs or advertisements or in other promotions without compensation to me; and (d) you will have no obligation to return the design to me.
C. I represent and warrant that: (a) I have the full right, power and authority to enter into this agreement ; (b) no third party consents are required with respect hereto; and (c) I waive any so called "moral rights" to the extent permitted by law. I agree that in the event of any dispute regarding the subject matter hereof, I will not have the right to seek injunctive relief or rescission in connection with the design(s), the results and proceeds of my submission hereunder and/or any exploitation, promotion, advertising and/or publicity thereof. I shall indemnify Prawn Song in connection with any claim arising out of any breach of my agreements, warranties, and/or representations made herein.
D. Prawn Song will have the right to (and authorize others to) publish, license, copy, modify, use, distribute or sell my submission(s) in whole or in part for any purpose. Notwithstanding anything to the contrary contained herein, Prawn Song reserves the right to use my name and address (city and state), without compensation, in any advertising or publicity, and Prawn Song will not be liable for any failure to properly credit me in connection with the work.
E. The decision of the contest judges will be final and binding on all entrants. Prawn Song shall not bear any liability for the loss, theft or misuse of any prize or any property damage, personal injury or misfortune in any way attributable to this contest or the contest prizes. All taxes on prizes are the sole responsibility of the winner. Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and agreement and acknowledgment of the foregoing. By entering the Contest, you warrant that the submission is an original work, has not been previously published or won any award, and that you are not aware of any conflicting rights in the submission including but not limited to copyright or other intellectual property right.
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