Official Contest Rules and Submission Agreement

THE STYLE CONTEST
For Movable Type™ TypePad® and LiveJournal™

Official Contest Rules and Submission Agreement

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.

Welcome to The Official Six Apart Style Contest. This Official Contest Rules and Submission Agreement (the "Rules") set forth the rules and regulations of The Style Contest (the "Contest") presented by Six Apart, Adobe Systems Incorporated and Style Master CSS Editor (collectively, the "Sponsors"). Six Apart is the administrator of the Contest (the "Administrator"), the principal place of business of which is 548 4th Street, San Francisco, California, 94107. Please read the Rules carefully before submitting an entry or participating in the Contest as the Rules contain important information about eligibility to enter the Contest, where the Contest will be held, the rules of the Contest, the rights to any submitted entries and other important information. By submitting an entry form, you accept the Rules agree to be bound by all of its terms. If you do not agree with the Rules, please do not submit an entry.

A. Eligibility and Participation

YOU MUST BE AT LEAST 18 YEARS OF AGE OR OLDER TO SUBMIT AN ENTRY AND PARTICIPATE IN THE CONTEST. THIS CONTEST IS VOID WHERE PROHIBITED. Contestants are responsible for compliance with applicable laws in jurisdictions where they reside.

You must have access and rights to use equipment and software that meets the technical requirements necessary to submit an entry through the Contest web site located at www.thestylecontest.com (the "Contest Site").

Employees and agents of any of the Sponsors and their respective affiliated companies and members of the immediate families of each are not eligible to participate in the Contest or receive prizes. The Contest is subject to all local, state and federal laws and regulations. By entering the Contest, all entrants agree to be bound by these Rules and to comply with all federal, state and local laws and regulations.

B. Submission of Entries; Deadlines

To be eligible to participate, you must successfully submit your entry through the Contest Site using the form on the "Submissions" page of the Contest Site. All submitted design entries must be submitted in a "zip" file and must including a screenshot, necessary CSS and image files and the contestant's valid email address. All entries must comply with all technical specifications as described in greater detail on the Submissions page of the Contest Site. The Sponsors shall have no liability or responsibility for any technical malfunction or failure of any Internet or network connection, regardless of cause, which prevents or materially adversely effects the participants ability to submit an entry in a timely manner or at all.

The Contest begins on March 30, 2006 and all entries must be submitted no later than 10:00 P.M. Pacific Daylight Time on May 15 June 5, 2006. In completing the entry form and submitting your design, you must provide your name, valid email address and other required information. You may also be required to provide proof of age at any time by the Administrator and will be required to provide proof of age if you are selected to win a prize.

Each submission must be the property of and an original work of the entrant. Each contestant may submit no more than 3 design entries per Category and may submit no more than 10 design entries in total. Attempts to submit a greater number of entries will be grounds for disqualification by the Administrator. A single design may only be submitted in one Category.

By submitting any design entry, you agree to be bound by the Rules, including, without limitation, the Submission Agreement provisions set forth in Section "E" below. Entries must not include images that are unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, the determination of which is up to the sole discretion of the Administrator.

C. Winner Selection and Notification

  1. Judging. All eligible entries will be reviewed by a panel of judges selected by the Administrator. The judges shall have the sole discretion to select the winner in each style Category and the grand prize winner in their sole discretion and the decision of the judges shall be final and binding on all parties. The winners will be selected by the judges based on such criteria as they determine to be appropriate, including but not limited to: (a) adherence to the submission guidelines, (b) uniqueness and originality of design, (c) creativity of design, (d) completeness of design and (e) appropriateness to design categories.
  2. Category Finalists. The judges will select one winner from eligible entries in each of the following 7 categories (the "Categories"):

    • Entertainment and Media

    • Hobbies and Crafts

    • Home and Family

    • Kitchen Sink

    • New, Politics and Current Events

    • Sports and Recreation

    • Technology

  3. Grand Prize Winner. Each Category winner will be eligible to be selected as the grand prize winner. The judges will select one grand prize winner from among the 7 Category winners, which the judges determined to be the best design.
  4. Date of Judging. The judges will select the Category winners and the grand prize winner on June 2 June 23, 2006. This date is subject to change depending upon the number of qualified entries and contest participants.
  5. Notification of Winners. Winners of prizes shall be notified immediately following the selection of the winners by the Contest judges. As a condition to receipt of their prize, prize winners may be required to sign, notarize and return an Affidavit of Eligibility and Liability/Publicity Release and provide any additional information (such as social security number), that may be required by the Sponsors, except where prohibited by law. Except where prohibited by law, each prize winner must return all required documents within fourteen (14) days following the Contest date or such winner's prize may be forfeited. It is the sole responsibility of an entrant to maintain his/her contact information as current. There will be no liability for any potential winner notification that is lost, intercepted or not received by the potential winner for any reason.

D. Prizes

Contest Champion Grand Prize: The Contest champion will win $4000 in cash, as well as software and/or gift certificates provided by The Contest's sponsors, having an approximate value of $7600.

Contest Finalist Prizes: The 6 Contest Category winners other than the Contest champion will each win $1000 in cash as well as software and/or gift certificates provided by The Contest's sponsors, having an approximate value of $1300.

Odds of winning a price will vary depending upon the number of actual Contest participants. In the event any entry is deemed ineligible, the Administrator may award the prizes to alternate entries as it deems suitable. Winners may be required to pay customs, duty charges and/or taxes.

E. Submission Agreements

  1. Original Works. All entries must be the original creations of the entrants, not contain any intellectual property not owned by the entrant and must never have been published or professionally developed unless written authorization from the intellectual property owner is provided at the time of entry submission. Contestants agree to indemnify and hold harmless sponsors from any copyright, trademark or other intellectual property infringement claim or liability with regard to their submissions.
  2. License to Submitted Material. By submitting any design entry for the Contest, the contestant grants Six Apart a perpetual, irrevocable, fully-paid, royalty-free, transferable, non-exclusive, world-wide right and license, with rights to sublicense, to use, copy, modify, reproduce, market, publish, distribute sell and otherwise exploit the style, fonts, look and feel, images and other material submitted as an entry in the Contest (the "Material") for any purpose whatsoever, including, without limitation, modifying the Material, copying the Material, improving the Material, making derivative works thereto, reproducing the Material, and distributing the Material.
  3. Use of Personal Information. A contestant's submission of entry constitutes permission for Six Apart and, in Six Apart's sole discretion, such other Contest Sponsors to use contestant's name, photograph, likeness and other material provided in the entry for any business purpose, including for promotional purposes in any media.
  4. Representations. The contest represents and warrants to Six Apart that: (a) the reproduction, exhibition, or any use thereof or any of the Material shall not defame any person or entity nor violate any copyright, right of privacy or publicity, or any other right of any person or entity; and (b) the Contestant is sole owner of the Material, together with the title thereof and all rights granted to Six Apart hereunder, and no rights in the Property have been granted to others or impaired by the Contestant, except as specified, if at all, in these Rules.
  5. Protection of Material; Confidentiality. It is the sole responsibility of Owner to register his or her rights in and to the Material. The Company shall be under no obligation to maintain confidentiality of the Material.

G. General

  1. Releases. All entrants, as a condition of entry into the Contest, agree to release each of the Sponsors, their respective parents, subsidiaries, divisions, affiliates, suppliers, subcontractors, printers, distributors, attorneys, agents and advertising, promotional or other agencies, from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Contest, submitting an entry or otherwise participating in any aspect of the Contest, the receipt, ownership or use of any prize awarded, or while preparing for, participating in any Contest-related activity or any typographical or other error in these Rules or the announcement of offering of any prize. The Sponsors make no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Each prize winner bears all risk of loss or damage to his or her applicable prize after it has been delivered.
  2. Limitation of Liability. The Sponsors assume no responsibility or liability for (a) any incorrect or inaccurate entry form information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entry forms or submissions at any point in the operation of this Contest; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the submission of an entry or the operation of the Contest; (d) inaccessibility or unavailability of the Internet, or; (e) any injury to or death of participants which may be related to or resulting from any attempt to participate in the Contest or download of any materials in the Contest.
  3. Force Majeure. In the event that any of the Sponsors are prevented from continuing with the Contest, or the integrity and/or feasibility of the Contest is undermined by any event beyond the Sponsors' control, including but not limited to fire; flood; epidemic; earthquake; explosion; labor dispute; strike; act of God; public enemy act; satellite or equipment failure; riot or civil disturbance; war (declared or undeclared); terrorist threat or activity; any federal, state, or local governmental law, order, or regulation; order of any court or jurisdiction; or other cause not reasonably within sponsors' control, the Sponsors will have the right, in their sole discretion, to abbreviate, modify, suspend, cancel, or terminate the promotion without further obligation or liability to you.
  4. Disputes. You agree that you will submit any dispute you may have with regard the conduct of the Contest, interpretation of the Rules, and/or awarding of prizes to the Administrator, whose decision regarding such dispute shall be binding and final.
  5. Winner List. For a list of prize winners, email your request before January 31, 2007 to thestylecontest@sixapart.com and in the subject line reference "The Style Contest" which list will be made available within five (5) business days following the completion of the Contest. A list of prize winners will also be available at the Contest Site.
  6. Miscellaneous. The Contest and the Rules shall be governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws. In respect of any dispute relating to the Contest and/or the Rules, such dispute shall be brought exclusively in a court of competent jurisdiction sitting in Los Angeles, California. The Contest and entry therein is void where prohibited. Unclaimed prizes will not be awarded. No substitution of prize is offered, and non-cash prizes may not be redeemed for cash value, except as determined by the Sponsors in their sole discretion. Each prize winner will be solely responsible for all applicable federal, state and local taxes on prizes, and, if applicable, may receive an IRS Form 1099 for the retail value of such prize. All other expenses on the receipt and use of each prize not specifically mentioned herein are the sole responsibility of each applicable prize winner.


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