Official Macworld 2010 T-shirt Design Contest Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN IN THIS CONTEST. Void where prohibited by law. Subject to all applicable federal, state, and local laws, regulations, and ordinances.

The “Macworld 2010 T-Shirt Design Contest” (the “Promotion”) will be held from 12:00 p.m. Eastern Daylight Saving Time (“EDT”) on October 15, 2009 to 11:59 p.m. EDT on December 10, 2009. This Promotion seeks submissions of creative logo designs that IDG World Expo may select to use on clothing and/or other items.

1. ELIGIBILITY: The Promotion is open only to legal United States residents (except residents of Puerto Rico), including, without limitation, registered attendees of Macworld 2010 (“Expo”), who are at least twenty-one (21) years of age or older. Employees, officers, and directors of IDG World Expo (“Sponsor”) and any of its affiliates, representatives, consultants, contractors, legal counsel, and advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, children, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes your full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning the Promotion prize is contingent on fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winner. If required, you must obtain the consent or your employer(s) to participate in the Promotion.

2. SPONSOR:  IDG World Expo, 3 Speen Street, Framingham, MA 01701.

3. HOW TO ENTER: To enter, send an email attaching your logo design (“Design Entry”) in JPEG format to Sponsor at ncarrara@idgworldexpo.com, with the subject line “Macworld 2010 T-Shirt Contest”. The file for the Design Entry must be no more than 50 MB in size. The Design Entry must be appropriate for the front of a white t-shirt, and include the Macworld 2010 logo or words “Macworld 2010.”  Design Entries must be created using Mac technology and related tools, must be original and must not have been previously produced in any medium, or submitted in any other competition or contest. Modification of an existing work does not qualify as original. By entering, you warrant and represent that your Design Entry is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any international, federal, state or local laws or ordinances. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Design Entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Promotion. Design Entries will not be acknowledged or returned. Sponsor reserves the right to post all or some of the Design Entries, in Sponsor’s sole discretion, on the Macworld 2010 website and/or proprietary community site (which can be found at www.macworldexpo.com and www.macworldexpo.ning.com  ) referencing the entrant’s name.

4. SELECTION OF WINNER/WINNER NOTIFICATION AND VERIFICATION: On or about December 15, 2009, one (1) winner will be selected from the eligible Design Entries. AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AS SET FORTH BELOW. Potential winner will be notified by telephone, email, or mail on or about May 4, 2009. Except where legally prohibited, potential winner must complete and return an affidavit of eligibility, liability/publicity release and release of intellectual property rights (“Affidavit”), as well as a CD containing the final Design in EPS vector art format with all fonts saved as outlines (“Final CD”), by December 22, 2009. If a potential winner fails to sign and return the Affidavit or the Final CD by December 22, 2009, or is unavailable to accept the prize within the time period specified by Sponsor, that potential winner will be deemed to have forfeited the prize, and an alternate potential winner will be selected in his/her place in a random drawing from all eligible entries. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification.

5. PRIZE: The Promotion winner will receive ten (10) branded t-shirts, one  complimentary pass to the Users Conference and recognition on the Macworld event web site and community site; Approximate Retail Value of prize: $395.00. Prize is not transferable and no substitution is allowed except in Sponsor’s sole discretion. Prize may not be redeemed for cash. Sponsor reserves the right to substitute prize of equal or greater value if the advertised prize (or portion of prize) is unavailable. Winner is responsible for any loss of prize or portion of prize after it has been delivered. Sponsor will not replace any lost or stolen prize. Any and all applicable federal, state and local taxes and all fees and expenses related to acceptance and use of the prize are the sole responsibility of winner.

6. GENERAL CONDITIONS: This Promotion is governed by the laws of the United States. Void in Puerto Rico, outside the United States, and where prohibited by law. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, void any suspect entries and: (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize from among the eligible, non-suspect, eligible entries received up to the time of impairment.

WARNING: ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Promotion, except as expressly set forth in these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. You agree that Sponsor shall own the entries, which shall not be acknowledged or returned.

7. RIGHTS IN SUBMISSIONS: In consideration of your Design Entry being reviewed and evaluated for this Promotion, you hereby grant to Sponsor the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publish, post, or display such Design Entry, or any portion thereof, in any media now known or hereafter devised, including, without limitation, on t-shirts and on all forms of internet and wireless protocol. You authorize Sponsor and any entities affiliated or in privity with Sponsor to utilize, for eternity and in any manner they see fit, the Design Entry submitted to Sponsor, and to make derivative works from such materials. You release Sponsor, and its assignees and licensees, from any and all claims or liability (now known or hereafter arising), including, without limitation, any claims for defense and/or indemnity in connection therewith. You agree and acknowledge that participation in the Promotion, including, without limitation, your decision to provide your submission to Sponsor for purposes of the Promotion, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsor and you, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of your Design Entry, and that the only contracts, express or implied, between the Sponsor and you are as set forth in these Official Rules and the release forms.

If your Design is selected for use by Sponsor, then you acknowledge that you assign to Sponsor and its subsidiaries and affiliates the entire right, title, and interest in and to all trademark, copyright, and other rights in your Design, including, without limitation, the right to sue for past infringement and the right to further sub license the Design, for Sponsor’s sole and exclusive use. You also acknowledge that you waive all “moral” rights that you may have in and to your Design. If your Design is selected for use by Sponsor, then Sponsor may use your Design in any manner, including, without limitation: reproducing the Design, selling items bearing the Design, changing or reworking the Design by making color or size changes, making derivative works of the Design, and using the Design on any Sponsor or Macworld 2010 website and/or promotional material. If your Design is selected, you may not use the Design (or derivatives of the Design) or allow others to use the Design (or derivatives of the Design). In addition, by submitting your Design, you agree not to reproduce, sell, or submit the Design to others for any purpose.

You acknowledge that the Design you are assigning to Sponsor is your own original work, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party, or any material, which Sponsor, in its sole discretion, deems to be profane or offensive. Sponsor may accept or reject the Design in its sole discretion for any reason, including, without limitation, its belief that the Design is profane or offensive. You acknowledge that Sponsor reserves the right to decline to select a Design for consideration for any reason, including poor design.

8. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: You understand and acknowledge that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees. You also acknowledge that many ideas may be competitive with, or similar or identical to the Design Entry and/or each other in theme, idea, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. You acknowledge and agree that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Design Entry. You acknowledge that, with respect to any claim by you relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Design Entry or other material submitted in connection with the Promotion, the damage, if any, thereby caused to you will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Design Entry or any material based on or allegedly based on the Design Entry, your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

9. RIGHTS OF SPONSOR/RELEASE AND LIMITATIONS OF LIABILITY: Sponsor shall have the right and sole discretion to edit, to refuse to accept or use, or cease to use any Design Entry whatsoever which it finds to be in violation of these Official Rules, or which it finds in its sole discretion to be otherwise objectionable for any reason, including with respect to Sponsor’s standards and practices and other policies. Sponsor also reserves the right to replace the winner’s Design Entry with the Design Entry of an alternate eligible entrant in accordance with these Official Rules if such Design Entry and/or entrant is withdrawn from or removed from the Promotion for any reason, including, without limitation, entrant’s failure to have Sponsor’s documents executed by third parties. Sponsor also reserves the right, in its sole discretion, to terminate the Promotion for any reason in the event that there is an error, malfunction, problem or other cause which impacts the operation, administration or security of the Promotion or the Sponsor and, in such situation, to select the winner(s) from the eligible Entries received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor.

BY PARTICIPATING IN THIS PROMOTION, YOU AGREE THAT SPONSOR AND ITS AFFILIATES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLICATIONS, AND PROMOTIONAL, FULFILLMENT, AND MARKETING AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU, AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION- RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

EXCEPT WHERE PROHIBITED BY LAW, YOU GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, WITHOUT LIMITATION, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING WITHOUT LIMITATION HOMETOWN AND STATE), AND DESIGN FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. YOU AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO YOU OR ANY THIRD PARTY.

WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS PROMOTION, INCLUDING PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

10. DISPUTES: Except where prohibited by law, you agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court in the Commonwealth of Massachusetts; (b) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws, regulations, and ordinances of the Commonwealth of Massachusetts,  without giving effect to any choice of law or conflict of laws rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.

11. PRIVACY: Information collected from entrants is subject to the Sponsor’s Privacy Policy, which can be found at http://www.macworldexpo.com/privacypolicy.
 Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use entrants’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest to them. Sponsor will not sell personal information submitted with entry to outside solicitors.

12. OFFICIAL RULES AND WINNER LIST: For a copy of the Official Rules and/or winner list, available for ninety (90) days after verification of winner, send a stamped, self-addressed envelope for receipt by March 15, 2010 to:  IDG World Expo, 3 Speen Street, Framingham, MA 02701, Attn:  Nina Carrara.
IDG World Expo Corp. shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright © 2010 IDG World Expo Corp. All rights reserved. Macworld® is a registered trademark and/or logo of IDG World Expo Corp.