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| Kazaa Competition Rules |
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SKINBASE.ORG KAZAA MEDIA DESKTOP SKIN CONTEST Eligibility: You must be at least 18 years of age at the time of entry. The Contest is offered electronically via the Internet, except where prohibited by law. Employees, independent contractors, officers and directors of SkinBase or its parent companies, co-branders, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in their same household, are not eligible to participate in the Contest. How To Enter: You may enter the Contest by submitting a Qualified Skin (as defined below) for the Kazaa Media Desktop software application on the SkinBase website. You may electronically submit the skin by clicking on the "Enter Contest" button, filling out the entry form and submitting your skin. Then click the "Submit" button to complete your entry. These instructions require you to confirm your email address. Entries must be received by 11:59 p.m. GMT on June 1, 2003. In the event of a dispute as to who submitted an entry to the Contest, the authorized holder of the email address shall be considered the valid entrant. "Authorized holder" is the natural person who is registered with the Internet service provider (or similar provider) for the email address. In order to receive a prize, winner may be required to provide proof of identification as the "Authorized Holder." Enter as often as you like. Entries will not be acknowledged or returned. By entering, entrants agree to be bound by these Official Rules and the decisions of SkinBase, which decisions shall be final. SkinBase reserves the right to disqualify entrants who violate the Official Rules. No purchase is required. For more information about how SkinBase treats your personal information, see our Privacy Policy, located at http://www.skinbase.org/privacy.php. Qualified Skins: Qualified Skins are user submitted skins that are specific to the Kazaa Media Desktop software application, and that SkinBase determines, in its sole discretion, adhere to all specifications in this section. To become a Qualified Skin, your entry must be completely compatible with the Kazaa Media Desktop software application, and fully functional with no errors or bugs. Among other thing, this means that skin fits the Kazaa Media Desktop's shape and size and allows users to view all ads and other software functions. For more information about how to create Kazaa Media Desktop skins, please see http://www.kazaa.com/us/skins/create.htm. Skins with unlawful, indecent or infringing imagery, audio or other content will not be qualified, including without limitation entries with pictures or images depicting or suggestive of sexual acts or nudity, swear words, hate speech or symbols, or any content harmful to minors. Qualified Skins may not have software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. SkinBase reserves the right to disqualify any skin it deems unfit or inappropriate in its sole discretion. Prizes: Prizes will be awarded to the top thirteen (13) entries as follows: One (1) First Prize of US$ 500.00; one (1) Second Prize of US$ 300.00; one (1) Third Prize of US$ 200.00; and ten (10) Fourth Prizes of a Kazaa Media Desktop logo T-shirt. Total Retail Value of Prizes: US$ 1,100.00. Selection of Winner: Winners will be determined a panel of Judges selected by SkinBase to calculate the ranking of all Qualified Skins, as rated by users of the SkinBase website ("Skin Ranking"). The Judges determine the Skin Ranking using a Bayesian estimate: Skin Ranking = (v ÷ (v+m)) × R + (m ÷ (v+m)) × C, where: R = average for the skin (mean) = (Rating) v = number of user ratings for the skin = (votes) m = minimum number of user ratings required to be considered (initially 10) C = the mean user rating across all skins in the competition SkinBase's Judges may increase the minimum number of ratings required to be considered over the course of the Contest as they deem necessary to obtain a fair ranking. In the event of a tie based upon the Skin Ranking, the Judges will vote on the merits of the tied entries, and determine the winner. All decisions are final and binding. Users may rate skins through 11:59 p.m. GMT on June 19, 2003. Users will be asked to rate the skins based on the user's assessment of the skin's aesthetics, creativity and technical merit. You may not rate your own entry or cause any computer program, bot or automated process to rate any entry. Winners will be notified by email on or about June 23, 2003. Return of any prize notification as undeliverable will result in disqualification and an alternate winner may be selected. Failure to comply with these Official Rules also may result in disqualification and selection of an alternate winner. Prize winners must respond to the notification email and sign and return an Affidavit of Eligibility and Release of Liability and Publicity (where permitted by law) within fourteen (14) days of notification. NOTICE: SkinBase reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Contest in violation of these Official Rules and/or criminal and/or civil law. Skin Content and Permission: By submitting an skin for the Contest, you represent and warrant that (1) you are the original author of the skin; (2) you have secured all rights in the skin necessary to grant the license rights hereunder to SkinBase and to permit the lawful exercise of the rights granted to SkinBase hereunder without SkinBase having any obligation to pay any royalties, compulsory license fees, residuals or any other payments to any person or entity; and (3) the skin does not contain any material that is defamatory, invasive of another's privacy rights, or constitutes any other tortious injury to any third party, or is infringing of any other person's rights, including publicity, copyrights, trademarks or patents. By submitting a skin, you grant to SkinBase a worldwide, irrevocable, fully-paid, non-exclusive license to publish, use, re-use, distribute, adapt, edit and/or modify the skin in any way, in commerce and in any and all media, without limitation, including the right to incorporate the skin into one or more collective works, and to reproduce the skin as incorporated in the collective works. You further understand and agree that each time SkinBase distributes or displays the skin or a collective work incorporating the skin or a derivative work based upon the skin, you offer to the recipient a license to the skin pursuant to the terms of the Creative Commons ShareAlike 1.0 license, located at http://creativecommons.org/licenses/sa/1.0. Conditions: SkinBase and its agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, co-branders, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors, is not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond the control of SkinBase; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, use of, or travel associated with the prize, or from participation in the Contest; or (vi) any printing or typographical errors in any materials associated with the Contest. SkinBase reserves the right, in its sole discretion, to suspend, modify or cancel this Contest, or disqualify any entrant, at any time if a computer virus, bug, or other technical problem or cause beyond their control corrupts the administration, security, or proper play of the Contest. Indemnity: YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND SKINBASE, AND ITS AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, INSURERS, SERVANTS, PARENTS, SUBSIDIARIES, DIVISIONS, CO-BRANDERS, AFFILIATES, PREDECESSORS, SUCCESSORS, REPRESENTATIVES, ADVERTISING, PROMOTION, AND FULFILLMENT AGENCIES, AND LEGAL ADVISORS, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY SKINBASE, DUE TO OR ARISING OUT OF ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES ABOVE Winners List and Official Rules: To obtain the name of the Contest winner, send an email message to kmdcontest@skinbase.org and put "SkinBase KMD Contest Winner" in the subject line of the email, or send a self-addressed, stamped envelope marked "SkinBase KMD Contest Winner" to Mlinska ulica 22, 2000 Maribor, Slovenija, Europe. Requests for name of the winner must be received no later than August 1, 2003. These Official Rules will be posted on the SkinBase website at http://www.SkinBase.org for three months from conclusion of the Contest. |
