Introduction
This document describes the official rules (“Official Rules”) of the Michigan Alpaca Livestock and Commerce Association (MI-ALPACA) Logo Design Contest. The object of this contest is to design a logo for the new Michigan Affiliate of the Alpaca Owners and Breeders Association (AOBA). Information on how to enter and about the prizes is part of these Official Rules. To the extent of any inconsistency, these Official Rules prevail.
Submission Guidelines
The
purpose of the contest is to design a logo for MI-ALPACA. The logo will
be used online, in print, and on merchandise 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.
The logo design should reflect the purpose and mission of MI-ALPACA.
While the logo needs to look good at relatively small sizes, it will not need to be shrunk for use as a Favicon.
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 also contain the words “MI-ALPACA”. 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
be 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 are requested so that
entries can be posted to the MI-ALPACA web site without the need for
conversion.
The limit on attachment sizes for our email is 2Mb.
Prizes
Subject
to the legal requirements outlined in these rules, the winning design
will be announced at the Michigan International Alpaca Festival in
Flint, MI. in September 2009. Every effort will be made to inform the
winner in time for him or her to attend, but MI-ALPACA is unable to pay
for travel and accommodations.
The winning designer will receive:
A 1 Year Free Membership in MI-ALPACA.
A light weight nylon jacket with the new MI-ALPACA Logo on it.
The right to use the basic logo and identify him/herself as the logo designer.
Definitions
“Entry” means a logo design created by the Entrant for this Contest.
“Entrant” means the individual that offers the Entry under the terms of this Contest.
Eligibility
- The Contest is open only to individuals.
- The Contest is not open to companies, educational institutions, organizations, etc. or to groups associated with such institutions.
- Entrants must be of sufficient legal age and standing to enter into a contract with MI-ALPACA as required below.
How to Enter
- Initial entries must be submitted by email to mialpaca@yahoo.com.
- The entries must be submitted as a scalable vector graphic in EPS format, and alsoas a JPG. See Submission Guidelines below for further information.
- The email must include the name, age, postal address, phone number and email address of the Entrant.
- No more than two(2) entry may be submitted by any one Entrant.
- Entries must conform to the Submission Guidelines set out below. Entries which fail to do so will be rejected.
- The deadline for Entries is midnight on July 31st, 2009, Eastern Daylight Time. We will attempt to acknowledge all entries within one week of receipt; however, we cannot be responsible for entries or responses lost in e-mail.
- There is no fee to enter the Contest.
Judging and Selection of Winner
1. The winning design will be selected by judges appointed for this purpose. Their
decision will be final. No further correspondence shall be entered into.
2. MI-ALPACA reserves the right not to select a winner if, in its sole discretion, no
suitable entries are received.
3. MI-ALPACA reserves the right to disqualify any Entrant or Entry at its sole discretion. No correspondence shall be entered into.
4. The winner will be required to sign a contract assigning all ownership of the logo to MI-ALPACA.
5. Accepting the prize constitutes permission for MI-ALPACA to make public and
otherwise use winner’s name for publicity purposes. Further personal data may be
requested but is not required. No timetable is set for the announcement of a winner.
Intellectual Property
All submitted work must be original and not based on any pre-existing design.
All Entries will become the sole property of MI-ALPACA and may be displayed
Publicly on MI-ALPACA web sites. The winning entry will be registered by MI-ALPACA and the Entrant agrees to transfer all rights and title to the Entry to MI-ALPACA in accordance with the Official Rules of this Contest.
Acceptance
Participation constitutes the Entrant’s 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 MI-ALPACA in relation to the Contest. They govern the Entrant’s participation and supersede any prior or other agreements between the Entrant and MI-ALPACA and relating to the Contest.
About MI-ALPACA
MI-ALPACA is an incorporated non-profit association and is an affiliate of the Alpaca Owners and Breeders Association, a national organization. It has no property of its own other than service marks. It is our intention that no individual or corporation will profit from MI-ALPACA owning of the rights to the logo.
Our lawyers have asked us to include the following small print.
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 MI-ALPACA 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 MI-ALPACA. By participating in the Contest, the Entrant agrees to indemnify, defend, and hold harmless MI-ALPACA and its officers, agents, affiliates, contractors, contributors, subsidiaries, licensors and distributors (“MI-ALPACA Entities”) 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 MI ALPACA’S 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 MI-ALPACA 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, MI-ALPACA may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice at http://www.mialpaca.com . If the Contest is terminated before the scheduled end of the Contest Period, MI-ALPACA 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 MI-ALPACA believes to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified. MI-ALPACA 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 MI-ALPACA OR ANY MI-ALPACA 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 ENTRANT’S PARTICIPATION THEREIN, EVEN IF MI-ALPACA OR A MI-ALPACA 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 MI-ALPACA OR ANY MI-ALPACA ENTITY RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT’S PARTICIPATION THEREIN EXCEED THE GREATER OF US$1,000 OR ANY OTHER AMOUNTS PAID BY THEENTRANT 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 ATTORNEY’S FEES.
For the avoidance of doubt, to the extent that US law applies, nothing in these Official Rules shall limit or exclude either party’s 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, MI-ALPACA’s decision as to the interpretation shall be final and Entrant shall be bound by MI-ALPACA’s 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 MI-ALPACA 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 Eaton County, 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 Entrant’s obligations under these Official Rules.