Killed Ideas

“Killed IDEAS” CONTEST
Sponsored by Blurb, Inc.
OFFICIAL RULES

1. CONTEST:  NO PURCHASE NECESSARY.  The “Killed Ideas” Contest(the “Contest”) begins at 12:01 AM Pacific Standard Time (PST) on February 24, 2009, and ends at 11:59 PM PST on March 31, 2009 (the “Contest Period”).  Odds of winning depend on the number of eligible entries received.  The Contest is sponsored by Blurb, Inc. (“Blurb” or “Sponsor”).  Contest is subject to the eligibility guidelines below.  VOID WHERE PROHIBITED.
2. ELIGIBILITY: The Contest is open only to creative professionals, age eighteen (18) or older at the time of entry and at the time the prize is awarded.  Employees and competitors of Sponsor and each of their respective affiliates, subsidiaries, franchises, and their immediate families (parents, children, siblings, spouse) and/or members of their same households (whether related or not) are not eligible.  For purposes of this Contest, a “creative professional” is defined as an individual working full-time, part-time or freelance and earning a living by creating, designing, developing or executing marketing and communication materials.
3. Entry into this Contest constitutes permission to use each entrant’s name, image/likeness, voice and biographical material as well as the contents of his/her Submission Materials (as defined below) in advertising and publicity and for other promotional purposes in all media now known or hereafter devised without notice, compensation or other consideration by Sponsor (except where prohibited by law).  Notwithstanding the foregoing, in the event an entrant expressly elects to enter the Contest on the condition of anonymity, he/she acknowledges and agrees that entry into this Contest constitutes permission (a) to use such entrant’s name and certain biographical material for purposes of making the list of winners available as set forth in paragraph 9 below; (b) to use the contents of his/her Submission Materials in advertising and publicity and for other promotional purposes in all media now known or hereafter devised without notice, compensation or other consideration by Sponsor as set forth in these Official Rules; and (c) to disclose any Submission Materials and/or other information (e.g., entrant’s name) as requested or required (by oral questions, interrogatories, requests for information or documents subpoena or similar process) in a judicial, administrative, or governmental proceeding.

4. HOW TO ENTER:  Visit http://www.killedideas.com (the “Site”) and follow the links and instructions to complete and submit the registration form, including a valid e-mail address and requested materials, during the Contest Period.  Once the registration process is complete, entrants must upload a “Killed Idea” to the Site (as more fully set forth below).  The Killed Idea submitted (e.g., still frames, video clips, photos, story boards) must comply with the formatting, size, content, consent and release and other requirements set forth herein and on the Site.  If any person other than the entrant contributed to the killed idea or for example, appears in any materials submitted, entrant must secure the right to submit the killed idea and to use his/her/their image(s) in the video, photo or other materials and upon request, submit to Sponsor a copy all relevant or desirable permissions from any such person(s), as well as location releases for all recognizable locations (if applicable), and releases from all other who assisted in the creation of such materials.  Failure to provide such permission(s) and/or release(s) may result in disqualification.  Registration information, along with the killed idea (in any and all formats), shall be deemed “Submission Materials”.  Submission Materials not complying in all respects with the Official Rules are subject to disqualification.  Sponsor’s computer is the official time-keeping device for the Contest.

   To be eligible, in addition to the technical specifications, the Killed Idea material must meet the following submission requirements:

   • It must not contain any film, television or music clips or include any content, images or property created by or belonging to a person other than the entrant.
   • It must not defame or invade the publicity or privacy rights of any person, living or deceased, or any of the Released Parties (as defined below), or otherwise violate or infringe upon a party’s personal or proprietary rights including, without limitation, copyright and trademark.
   • It must not contain any sexually explicit, offensive, threatening, obscene, illegal, libelous or defamatory behavior, activity or statements or any personally identifiable information (e.g., license plate number).
   • Entrant may blur the product, service, third party name, logo, brand name, trademark, service mark, trade name or trade dress if they do not have rights to its usage.
   • It must not contain any drug or alcohol use, references or images or violate any applicable laws, rules or regulations.
   • It must comply with these Official Rules, and the terms and conditions set forth in the Blurb Terms of Use.
   • It must not contain any content, performance, language, conduct or activity that is or could be deemed unsuitable or inappropriate or in violation of these Official Rules, as determined by Sponsor, in its sole discretion.

   Once all Submission Materials have been uploaded and submitted to the Site, the entrant will be officially entered into the Contest.  Submission Materials cannot be revised or altered once submitted.  By entering this Contest, entrants agree that Submission Materials may be used by Sponsor for any purpose.  Any entry missing one or more of the abovementioned elements may be disqualified.

   An entrant’s Submission Materials must be entirely or substantially his/her own original creation, must not have been published previously or won any other prize or award, or be subject to any restriction or limitation on the right to submit any portion of the entry into the Contest or to use any portion of the materials.  No mechanically reproduced, incoherent, late, unintelligible, unoriginal or incomplete entries will be accepted.  Sponsor is not responsible for lost, scrambled, jumbled, destroyed, delayed or misdirected Submission Materials, or for unauthorized access to or alterations of Submission Materials or for errors, omissions, deletions, defects, theft, destruction, interruptions, failures in transmission of Submission Materials, malfunctions of electronic equipment, computer hardware or software, delays in operation, problems registering with the Site, uploading Submission Materials or for other technical problems related to the Internet.  Sponsor is not responsible for illegible or unintelligible entries or incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human errors which may occur in the processing of any Contest entries or for typographical or technical errors or any other errors of any kind, whether human, mechanical or electronic or for any damage to any person’s computer arising out of participation in this Contest.  Persons found tampering with or abusing any aspect of the Contest, as solely determined by Sponsor, will be disqualified and may be subject to prosecution.  Any entrant who attempts to participate using multiple e-mail addresses, multiple identities or any other device or artifice to participate multiple times or to interfere with the proper administration of this Contest, will be disqualified from participation in the Contest.

   There is no limit to the number of submissions and individual may enter during the Contest Period.  To qualify, Submission Materials must be received no later than Tuesday, March 31, 2009 at 11:59 PM PST.  Submission Materials not complying in all respects with the Official Rules are subject to disqualification. All Submission Materials become the property of Sponsor and will not be acknowledged or returned.  In consideration of participating in the Contest, each entrant unconditionally and irrevocably assigns and transfers to Sponsor all right, title and interest in and to the contents of his/her Submission Materials, including, without limitation, the copyright and other rights therein, and upon Sponsor’s request, will execute any documents necessary to effectuate such ownership.  For the avoidance of doubt, by entering the Contest, entrants grant Sponsor royalty-free, irrevocable, perpetual worldwide right and license to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, edit, modify and otherwise exploit entrant’s Submission Materials in any way, in any and all markets, in any and all media now known or hereafter devised without limitation and without notice or consideration to the entrant.  Entrants represent and warrant that they have the right to grant such rights to Sponsor, and that its reproduction, publishing, broadcasting, displaying and/or other use of the Submission Materials will not infringe on any rights of any third party.  Select Submission Materials may be featured on the Site, www.blurb.com, a compilation of Killed Ideas currently entitled “Killed Ideas Vol. 1” and in other promotional materials and advertising of the Contest and Sponsor.  By entering, entrants agree that they have no right to bring, and covenant not to bring, any claim, action, or proceeding of any kind or nature whatsoever against Sponsor or any of its affiliates, subsidiaries, officers, directors, agents, employees, or shareholders in connection with this Contest.  Entrants shall not receive any compensation or credit for use of the Submission Materials (e.g., Killed Idea materials, name and/or image/likeness) other than that disclosed in these Official Rules.

5. JUDGING:  Up to Fifty (50) grand prize winners (the “Winners”) will be selected from all eligible entries received by Steve Hall, an independent qualified judge, using the following objective criteria: (a) demonstrates brilliant creativity (up to 33⅓ %), (b) provides an interesting solution to a difficult challenge (up to 33⅓ %), and (c) exhibits marketing brilliance (up to 33⅓ %).  In the event of a tie, the Killed Idea with the higher score in the creativity category will be deemed the winner.  In the unlikely event a tie still exists, the entries involved will be re-judged by an additional independent judge who will serve as a tiebreaker and evaluate those entries according to the criteria listed above.  The Winners will be notified by phone and/or e-mail on or about April 20th, 2009.  If a Winner or Winners cannot be reached after a reasonable effort has been made (as determined by Sponsor), or if such Winner or Winners are found to be ineligible, an alternate Winner may be selected.  The Winners will be posted on the Site no later than May 1st, 2009.  Decisions of the judge are final and binding in all matters relating to this Contest and are not open to appeal.
6. PRIZES:  Each Winner will have his/her Killed Idea published in a limited edition book currently entitled “Killed Ideas Vol. 1” which shall include the winning Killed Ideas selected by the judge during the Contest Period.  The Winners may also receive a copy of the book depending on availability.  All prizes are subject to the restrictions set forth in these Official Rules.
7. PRIZE RESTRICTIONS:  Sponsor reserves the right, in its sole discretion, to substitute a prize or prizes of equal or greater value for any and all prizes.  No other substitutions, cash equivalents or transfer of prizes allowed unless specifically authorized by Sponsor.  The Winners are solely responsible for all expenses, costs or fees associated with acceptance and/or use of any prize not specified herein as being awarded including, without limitation, any and all taxes.  The Winners are solely responsible for reporting and paying any and all applicable federal, state, and local taxes and any additional fees associated with prizes.  All federal, state and local laws apply.  Correspondence will not be acknowledged.  All prizes will be awarded.

8. GENERAL CONDITIONS:  This Contest is governed by the laws of the State of New York.  The exclusive jurisdiction and venue of any dispute or controversy arising out of, related to or in connection with these Official Rules, the Contest and/or its subject matter will be in the U.S. federal and California state courts located in and serving the City and County of San Francisco, California.  By participating in the Contest, entrants agree (1) to be bound by and abide by these Official Rules and by all decisions of Sponsor, whose decisions are final and not open to appeal; (2) to release and hold harmless Sponsor and its respective directors, officers, employees, subsidiaries, affiliates, agents, suppliers, divisions, agencies, licensors and advertising, promotional, or judging agencies, and any and all prize suppliers (“Released Parties”), from any and all causes of action, liabilities, suits, cross-claims or counterclaims, or any other claims arising out of or relating to entrants’ participation in the Contest, whether or not arising from the negligence of a released party, including but not limited to, third party claims that may be made against entrants, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of entrants, including without limitation, claims concerning infringement or invasion of entrants’ privacy or publicity rights, or defamation, or acts undertaken in preparation for or participation in the Contest; (3) to assume all risks, express or implied, associated with all claims released above, including without limitation, all risks concerning entry into and participation in the Contest; and (4) that neither Sponsor, nor any of the foregoing entities have made or are responsible or liable for any warranty, expressed or implied, relative to a prize, including, but not limited to, its quality or fitness or merchantability, and all prizes are tendered to entrants on an “as is” basis.  There are no warranties that extend beyond the description on the face of any contest materials of any prize.  Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Contest if the Contest cannot be run as originally planned for any reason including, but not limited to, as the result of tampering or infection by computer virus, non-authorized human intervention or other causes beyond the control of Sponsor.  If, in the judgment of Sponsor, the Contest is comprised as set forth herein, Sponsor reserves the right to conduct the Contest from among all eligible entries received, if any, prior to the date on which the event that comprised the Contest occurred.

   Each entrant must be the Authorized Account Holder of the e-mail account indicated by the entrant’s e-mail address.  “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address.  In the event of a dispute over the identity of an entrant, an entry will be deemed to be submitted by the Authorized Account Holder of the e-mail account.

   Entrants understand that during the Contest Period and thereafter, Submission Materials may be posted on the Site, www.blurb.com, other web sites on the Internet, included, mentioned and/or discussed on national television and/or written about in newspapers, magazines, blogs, chat rooms, bulletin boards and elsewhere.  Entrants hereby acknowledge and agree that the Released Parties have no control over such postings or the statements, opinions, discussions, comments or otherwise made about the content of the Submission Materials or the entrant.  Without limiting anything set forth above, entrants expressly release the Released Parties from and against any actions, claims, injuries, losses or damages allegedly caused, directly or indirectly, by any such postings or comments.  Without limiting the foregoing, all Winners, on behalf of themselves, their executors, heirs and assigns, by acceptance of a prize or reward, agree to release the Released Parties from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the receipt, ownership or use of a prize or while preparing for, participating in or traveling to and/or from any prize-related activity or otherwise.

   Failure to comply with the Official Rules will result in disqualification.  An entrant’s entry will be disqualified, at the sole discretion of Sponsor, if he/she attempts (a) to enter the Contest through any means other than described in these Official Rules; or (b) to disrupt the Contest, circumvent the terms and conditions of these Official Rules, or in any way tamper with any component of the Contest.

   In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest material (e.g., marketing, advertising, applicable Terms of Use or other ancillary information) and the terms and conditions of theOfficial Rules,the Official Rules shall prevail, govern and control.

9. PRIVACY STATEMENT:  Information collected during registration is subject to Blurb’s Privacy Policy located at http://www.blurb.com/about/privacy
10. WINNERS LIST:  For the names of the Winners, available after May 1st, 2009, send a self-addressed, stamped #10 envelope to: Killed Ideas Contest – Killed Ideas List Request, c/o Ammo Marketing, 475 Brannan St., Suite 420, San Francisco, California 94107.  Vermont residents may omit return postage.  All requests must be received by June 1st, 2009 to be honored.
11. SPONSOR: Blurb, Inc., 580 California Street, Suite 300, San Francisco, CA 94104.

Copyright © 2009 Blurb, Inc. All rights reserved.