Introduction
This
document describes the official rules (ÒOfficial RulesÓ) of The J Dilla
Foundation Logo Design Contest. The object of this contest is to design a logo
for The J Dilla Foundation, a non-profit, 501 (c) (3) pending, public charity.
Information on how to enter and about the prizes are part of these Official
Rules. To the extent of any inconsistency, these Official Rules prevail.
Definitions
ÒEntryÓ
means a logo design created by the Entrant for this Contest.
ÒEntrantÓ
means the individual that offers the Entry under the terms of this Contest.
Eligibility
How to Enter
Submission Guidelines
The
purpose of the contest is to design a logo for The J Dilla Foundation. The logo
can be used online, in print, and on merchandise such as but not limited to
books, DVDs, etc. Flexibility is a key requirement, including the need to resize
easily and to look good in black and white as well as color. The final version
of the logo will need to be suitable for high quality printing.
While
the logo needs to look good at relatively small sizes, it will not need to be
shrunk for use.
Because
of the requirement to register the logo as a Service Mark, Entrants should take
care to ensure that their Entries are not in any way similar to existing logos
or other copyrighted images. A logo that cannot be registered as a Service
Mark, no matter how well crafted, cannot win the Contest.
The
logo must contain the words The J Dilla Foundation (which JDF claims as a Service Mark). This image should not
be photographic (see below for information on graphic formats.)
The
logo must not contain any other text besides that required above.
Due
to the requirements for high quality printing and re-sizing Entries must
submitted in scalable vector graphic format (EPS). We advise against the use of
halftones and gradients unless created inside a vector graphics program. Color
in this version must be CMYK, no spot colors.
JPGs 1000 pixels square of
the logo in color and black and white are also requested so that entries can be
posted to The J Dilla Foundation web sites without the need for conversion.
The
limit on attachment sizes for our email is unlimited.
To recap, entry will consist of 4 files: the basic logo, in color and black and white, each in EPS and JPG format. We are able to handle most common file compression formats.
Prizes
Subject
to the legal requirements outlined above, the winning design will be announced
on the The J Dilla Foundation website March 2010. Every effort will be made to
inform the winner before the announcement is posted.
The
winning designer will receive:
Judging and Selection of Winner
Intellectual Property
(Entrants
should note that the term ÒThe J Dilla FoundationÓ is already claimed by The J
Dilla Foundation as service marks so re-use of unsuccessful entries would be
difficult without infringing existing The J Dilla Foundation rights.)
Acceptance
Participation
constitutes the EntrantÕs full and unconditional agreement to and acceptance of
these Official Rules. By participating in the Contest, the Entrant is
representing and warranting that he/she has read and understood, and agrees to
be bound by, these rules. Including the guides and rules referred to herein,
these Official Rules constitute the entire agreement between the Entrant and
The J Dilla Foundation in relation to the Contest. They govern the EntrantÕs
participation and supersede any prior or other agreements between the Entrant
and The J Dilla Foundation and relating to the Contest.
About THE J DILLA FOUNDATION
The
J Dilla Foundation is a non-profit public charity. Our Mission is to help fund
inner city music programs, and to provide scholarships to students attending
schools that have progressive music curricula. The J Dilla Foundation has no
property of its own other than service marks. It is our intention that no
individual or corporation will profit from The J Dilla Foundation owning of the
rights to the logo.
Representations and Warranties
By
participating in the Contest, the Entrant warrants and represents in connection
with the Entry submitted as part of his/her participation in the Contest: (a)
he/she is the sole and exclusive owner of (and free of any adverse claim by any
person, firm, or corporation) all intellectual property rights in and to the
Entry; (b) the Entry is original and the use of the Entry as described in these
Official Rules will not infringe the proprietary rights, including without
limitation the intellectual property rights, of any third party; (c) the use of
the Entry, as described in these Official Rules, will be in compliance with any
third-party licenses pertaining to the Entry; (d) the Entry is not obscene or
libelous, and does not violate any rights of any third party, including but not
limited to rights of privacy or publicity; (e) the Entry does not contain any
virus, spyware, malware, trap door, worm, or any other device, mechanism or
code that is injurious or damaging to software or hardware used in conjunction
with the Entry; (f) the Entry and its use as described in these Official Rules
will not violate any federal, provincial, state or local laws or ordinances;
(g) no employer or educational or other establishment has any rights in the
Entry; (h) the Entry is consistent with these Official Rules; and (i) he/she
has the right to grant the license to THE J DILLA FOUNDATION as required in
these Official Rules.
Severability
When
any provision of these Official Rules is found to be invalid by a court of
competent jurisdiction, the parties nevertheless agree that the Court should
endeavor to give effect to the intentions of the parties as reflected in the
provision, and that the other provisions of these Official Rules remain in full
force and effect.
Indemnity;
Disclaimer of warranties; Limitation of Liability
By
participating in the Contest, the Entrant agrees to be bound by these Official
Rules, including all eligibility requirements and all decisions of THE J DILLA
FOUNDATION. By participating in the Contest, the Entrant agrees to indemnify,
defend, and hold harmless THE J DILLA FOUNDATION and its officers, agents,
affiliates, contractors, contributors, subsidiaries, licensors and distributors
(ÒTHE J DILLA FOUNDATION EntitiesÓ) from any and all liability, claims, or
actions of any kind, including, without limitation, property damage, personal
injury, and/or death, arising out of his/her (i) breach of any representation,
warranty or covenant contained in these Official Rules; or (ii) participation
in the Contest; (iii) acceptance and/or use or misuse of any prize in
connection with the Contest; or (iv) any third party claim relating to any
rights in any design submitted.
BY
PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT THE J DILLA FOUNDATION
ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED
OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES.
By participating in the Contest, the Entrant agrees that THE J DILLA FOUNDATION is not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, corrupted or garbled entries; (b) telephone, computer, or network malfunction or error; (c) communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise resulting to any computer from the submission of entries. If such malfunction, error, disruption, or damage occurs or impairs the administration, security, fairness, or integrity of the Contest, THE J DILLA FOUNDATION may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice at http://www.jdillafoundation.org. If the Contest is terminated before the scheduled end of the Contest Period, THE J DILLA FOUNDATION will determine the winner from all eligible entries received as of the termination date. Persons found tampering with or abusing any aspect of the Contest, or whom THE J DILLA FOUNDATION believes to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified. THE J DILLA FOUNDATION reserves the right to disqualify any unauthorized entries, including, without limitation, multiple entries from the same person, or any entries made through robotic, automatic, mechanical, programmed or similar multiple-entry, or entry duplication, method and to disqualify any person or entity using such a method.
NOTWITHSTANDING
ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY
THE APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN
NO EVENT WILL THE J DILLA FOUNDATION OR ANY THE J DILLA FOUNDATION ENTITY BE
LIABLE TO ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE
CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANTÕS
PARTICIPATION THEREIN, EVEN IF THE J DILLA FOUNDATION OR A J DILLA FOUNDATION
ENTITY WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE
CONTEST, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF THE
J DILLA FOUNDATION OR ANY THE J DILLA FOUNDATION ENTITY RELATING IN ANY MANNER
TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANTÕS PARTICIPATION THEREIN
EXCEED THE GREATER OF US$1,000 OR ANY OTHER AMOUNTS PAID BY THE ENTRANT TO
ENTER INTO THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE ENTRANT. IN THE EVENT THAT THE
PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE
INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE
CONTEST, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF
OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED
INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS,
JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED,
INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT
ATTORNEYÕS FEES.
For
the avoidance of doubt, to the extent that US law applies, nothing in these
Official Rules shall limit or exclude either partyÕs liability for fraud, or
for death or personal injury caused by its negligence, or any other liability
to the extent such liability cannot be excluded or limited as a matter of law.
Interpretation;
Governing Law; Jurisdiction
Interpretation. In the case of any
dispute about the interpretation of the Rules, THE J DILLA FOUNDATIONÕs
decision as to the interpretation shall be final and Entrant shall be bound by
THE J DILLA FOUNDATIONÕs decision.
Governing
Law.
The interpretation and enforcement of these Official Rules will be governed by
the laws of the State of Michigan, USA, except to the extent required to be
governed by the local law in the place of residence of an Entrant. The Contest
is subject to all applicable, as the case may be, national, federal,
provincial, state and local laws. The Entrant and THE J DILLA FOUNDATION agree
to the extent permitted by law to submit all disputes arising out of or
relating to these Official Rules or the Contest to, and hereby waive any
objection to the exclusive jurisdiction and venue of, the state and federal
courts located in Detroit, Michigan. Subject to Section 5 above, if necessary
any provision of these Official Rules which is found to be invalid by a court
of competent jurisdiction shall be deemed to be struck out from these Official
Rules.
Consideration
The
Entrant agrees that the ability to participate in the Contest and to compete
for the prizes offered in connection with the Contest constitute, where
required, sufficient consideration for the EntrantÕs obligations under these
Official Rules.