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New TLD Contest Terms and Conditions

Afilias Global Innovation Contest for New TLD Ideas

Please read the terms and conditions set out below and note, in particular, the important conditions relating to eligibility (section 4), incomplete/invalid entries (sections 6 & 7), content standards (sections 8 & 9) and intellectual property: release and transfer of rights (section 14) as set out below.

Competition Opens for Entries: 3 October 2011 at 1:00 pm UTC

Competition Closes for Entries: 17 October 2011 at 11:59 pm UTC

Introduction:

  1. Afilias Limited ("Afilias") invites members of the general public to submit ideas regarding potential innovative uses of new generic top-level domains (gTLDs). 
  2. Entries to the competition ("Entries") may only be submitted on the Afilias website at [www.afilias.info/newtldcontest] (the "Website").
  3. All Entries will be reviewed by a panel of judges (at least one of whom shall be independent) who will select three winning Entries. The winners will be the Entries that judges in their absolute discretion deem to be the most innovative and creative.

Terms and Conditions:

  1. The Competition – These are the terms and conditions ("Terms and Conditions") governing the Afilias Global Innovation Contest for New TLD Ideas competition (the "Competition") which, following pre-launch publicity, will be open for entries between 3 October 2011 at 1:00 pm UTC and 17 October 2011 at 11:59 pm UTC.

The Competition is only open to participants aged 18 or over (the "Participants"), excluding employees of Afilias or their affiliated companies, their families, agents and anyone else connected with the Competition.

By entering the Competition, Participants are deemed to have accepted these Terms and Conditions and any instructions on the Website. Individuals who do not accept the Terms and Conditions must not enter the Competition.

  1. Closing Date – All Entries must be submitted by 11:59 pm UTC on 17 October 2011.
  2. Entries – Only one Entry per person will be accepted.  For Entries created by a number of individuals, a single Participant must be nominated for the purposes of participation in the Competition. Any Entries created by a number of individuals without a single nominated Participant may be excluded from the Competition.

Each Participant must complete his or her details in full following the instructions on submission detailed on the Website. Incomplete or illegible Entries or Entries received by any other means (including by post) will be invalid. Once submitted, Entries cannot be withdrawn or modified.

  1. Validity – An Entry shall only be validly submitted if it is submitted in accordance with these Terms and Conditions and if Afilias' (or Afilias' agent's) records show that the Entry has been received. All Entries must comply with any guidelines in relation to acceptable file formats and maximum file size / Entry duration published on the Website. Afilias accepts no responsibility for any Entry which, due to a technical error or any other reason, is not delivered or is delayed.

8.     Content Standards –By submitting an Entry, each Participant warrants and holds out that he or she is authorised to disclose all content in the Entry and has all rights, licenses, permissions and consents necessary to submit the Entry.

Entries must not:

  1. infringe any patent, copyright, design, domain name, database right, trade mark or other intellectual property right of any other person or organization;
  2. contain any material which is defamatory of any person or organization;
  3. contain any material which is unlawful, obscene, offensive, hateful, inflammatory or otherwise inappropriate;
  4. promote sexually explicit material;
  5. promote violence;
  6. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  7. be likely to deceive any person;
  8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  9. be subject to any contractual or other restrictions, such as restrictions under employment agreements;
  10. promote any illegal activity;
  11. be threatening, abusive or invade another's privacy, or cause needless anxiety;
  12. be likely to harass, upset, embarrass, alarm or annoy any other person;
  13. be used to impersonate any person, or to misrepresent Participants' identity or affiliation with any person; or
  14. advocate, promote or assist any unlawful act.

9.     Breaches of Content Standards –Afilias will determine, in its sole discretion, whether there has been a breach of the content standards for Entries set out above.

Participants unreservedly accept the right of Afilias to form its own view regarding a possible breach of the content standards. When a breach of the content standards has occurred, Afilias may take such action as it deems appropriate including, but not limited to, temporarily or permanently excluding any Entry from the Competition without notice or explanation.

  1. Winner – The winners of the Competition will be the three Participants whose Entries the judges in their absolute discretion deem to be the most innovative and creative.  ("Winner").
  2. Prizes – The prize for the Winners shall be as follows:  First Prize – US$5,000; Second Prize – US$3,000; and Third Prize – US$1,500.  Afilias will endeavour to notify Winners by 24 October 2011 of the decision being made and the Winners will be notified by e-mail.  Names of Winners will also be published on the Website. Afilias reserves the right to select alternative winners in the event that it is not possible to contact an originally selected Winner within 30 days of the determination by the judges.
  3. Prize Conditions – All prizes are non-negotiable, non-transferable and non-refundable. No alternatives will be given.
  4. Afilias' Decision Final – Afilias' decision is final in all respects. No correspondence will be entered into by Afilias.
  5. Intellectual Property: Release & Transfer of Rights

IN CONSIDERATION OF ENTERING THIS COMPETITION ALL PARTICIPANTS AGREE, THAT, WITHOUT CHARGE, ANY AND ALL RIGHTS INCLUDING BUT NOT LIMITED TO THOSE IN RELATION TO COPYRIGHT, PATENT RIGHTS AND ALL OTHER INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT OF ALL ENTRIES WILL BE OWNED BY AFILIAS, TO USE AND DEAL WITH SUCH CONTENT (INCLUDING TO ALTER, EDIT, COMMERCIALISE AND MAKE DERIVATIVE WORKS OF SUCH CONTENT) AS IT SEES FIT WITHOUT ANY PAYMENT, REFERENCE OR ACKNOWLEDGEMENT TO ANY PARTICIPANT.

Participants shall ensure that all privacy rights and moral rights (such as a right to be named as author or to object to alterations) in their Entries are waived. Participants shall ensure that all necessary licences, clearances and consents for Afilias and its nominated third parties to use Entries (whether text, audio, audiovisual or otherwise) in any media (whether in existence or invented in the future) are granted to Afilias without any need for further approval by Participants or any other person.

Winners may be required to sign a confirmatory assignment or waiver of any such rights and return it to Afilias.  Should Afilias not receive from any Winner such a signed confirmatory assignment within seven days of Afilias’ request for it, that Winner will forfeit his or her right to receive a prize and Afilias reserves the right to select an alternative winner or winners.

  1. Similar Entries–  Participants fully understand, accept and recognise that, due to the specific nature of the Competition, Afilias or other Participants may be working on similar concepts and so may have access to, may create or could have created solutions and ideas which may be similar or identical to an Entry in concept, theme, idea or format. Participants acknowledge and agree that Afilias shall have the right to use such similar or identical solutions or Entries, and Participants will not be entitled to any compensation arising from Afilias’ use of such. If a Participant’s Entry happens to be similar to another Participant’s Entry, then Afilias reserves the right, in its sole judgement, to either select one Entry over than the other, subject to the Competition judging criteria. Any decision by Afilias or the judges in this context is non-negotiable and binding. 
  2. Publicity – The entries may be used in publicity related to the Competition. By entering the Competition, Participants acknowledge that their Entry may be used in publicity without further consent or payment. Such publicity may include, without limitation, a Participant's name, and/or details of his or her Entry, and/or any statement made by the Participant concerning the Competition, Entry and/or prize. Participants shall ensure that all moral rights in any such material are waived. Participants agree that any or all such elements may be used by Afilias in any and all media in perpetuity throughout the world as Afilias in its sole discretion sees fit.
  3. Third Parties – The Winner will be bound by the terms imposed by any third parties providing services as part of the Competition. Afilias cannot accept responsibility for the acts or omissions of third parties.
  4. Right to Vary – Afilias reserves the right to amend or withdraw the Competition in total or in part at any time in the event of proven or suspected fraudulent misuse of the online system used for the Competition or other significant technical, logistical or legal issues beyond the reasonable control of Afilias.
  5. Liability – To the maximum extent permitted by law, Afilias shall not be liable to Participants for any loss or damage howsoever caused, whether direct, indirect or consequential (whether in contract, tort or statutory duty or otherwise) arising out or in connection with the Competition and/or prizes other than death or personal injury caused by negligence of Afilias and/or deceit or fraud by Afilias.
  6. Software– Use of the Website may require you to use software provided by or operated from the Website, and on occasion Afilias may make software available from the Website in connection with the Competition. To the extent Participants use such software or download such software from the Website, the software, including all files and images contained in or generated by it and all accompanying data ("Software") will be deemed to be licensed to Participants by Afilias, for the personal non-commercial use by Participants only to the extent strictly necessary for the purpose of participating in the Competition. Afilias (or its licensors) retains full and complete title to the Software including all intellectual property rights. Participants may not sell, redistribute or reproduce the Software, nor may Participants decompile, reverse-engineer, disassemble or otherwise convert or translate the Software to a human-perceivable form except to the extent (and only to the extent) expressly permitted under applicable law.
  7. Privacy – Afilias will respect your privacy rights.  Afilias will only make use of and process Participants’ personal data (including name and contact details) to the extent and for the time necessary to run the Competition and as set out in the Terms and Conditions.  In particular, Afilias will not pass Participants' personal details to any other organisation without their permission, except for the purposes of running this Competition.By participating in the Competition Participants consent to processing of their personal data as described above.
  8. Severability– If any provision of these Terms and Conditions is judged to be invalid, illegal or unenforceable, this shall not affect or impact the continuation in full force and effect of the remainder of the provisions.
  9. Governing law – The Competition and these Terms and Conditions are governed by Irish law. Any dispute arising out of or in connection with this Competition shall be dealt with exclusively by the courts of Ireland.
  10. Communications –Participants shall not contact Afilias with respect to the Competition during the Competition period, or thereafter, unless first contacted by Afilias.
  11. Promoter –Afilias Limited, Address: Afilias Limited, Corporate Headquarters, 2 La Touche House, IFSC, Dublin 1, Ireland. Registered in Ireland under company number 338901.