Curl Blog Contest

OFFICIAL RULES
NO PURCHASE NECESSARY
VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW

1. DESCRIPTION OF THE CONTEST: The Curl Blog Contest ("Contest") is designed to encourage developers to share their experience with the Curl Platform, which is any one or combination of the following:
   
   
   • Curl Language
   • Curl IDE version 6
   • Curl CDE version 6
   • Curl RTE version 6
   • Public Beta version of new Curl platform
   • Curl WSDK
   • Curl CDK
   • Curl CDU
   • STYLED-CONTROLS library version 6

   A grand prize will be awarded to four (4) individuals who submit the best Submission (as subsequently defined) as determined by the judges in accordance with these Official Rules.

2. ELIGIBILITY: This Contest is open to individuals worldwide; however, the Contest is void where prohibited or otherwise restricted by law, and participants are responsible for complying with all laws and regulations of their country, province, or state in connection with their participation in this Contest. Participants must be the legal age of majority in their country, province or state of legal residence at the time of Contest entry and must be legal residents of such country, province, or state. Participants must also be members of the Curl Developer Center in good standing on or before November 15, 2008. Individuals in any of the following categories are not eligible to participate in the Contest or win any of the prizes: (a) Employees or agents of the Sponsor (defined at the end of these Official Rules), its parent companies, affiliates, subsidiaries, participating advertising and promotion agencies, application development partner companies, and prize suppliers (collectively, "Employee"); (b) immediate family members (defined as parents, children, siblings and spouse, regardless of where they reside) or those living in the same household as any Employee; (c) employees of any government entity; and (d) individuals in any country, or any national or resident thereof, that the U.S. Government determines from time to time is a country to which export, re-export, diverting, transfer or disclosure, directly or indirectly is restricted without obtaining the prior written authorization of the applicable U.S. Government agency. Participants must also have access to the Internet and a valid email address in order to enter the Contest or win.
   
   
3. CONTEST PERIOD: This Contest begins at 12:01 A.M. Eastern Time (ET) on September 16, 2008 and ends at 11:59 P.M. (ET) on November 15, 2008 ("Contest Period"). Participants are responsible for determining the corresponding time zone in their respective jurisdictions.
   
   
4. THE SUBMISSION: The Contest requires participants to provide a URL to their blog by sending an email to blog_contest@curl.com. The blog will describe the participant's experience using the Curl Platform. The blog may be about experience using the Curl Platform, reliability, performance, manageability, ease of use, new features, a tutorial, tech tip, code sample, requests for enhancements or anything related to the Curl Platform (the "Submission"). Submissions should not include any confidential information or details that may be inappropriate to share with the general public. By participating in this Contest, participants give the Sponsor the right to use the Submission on the Sponsor's web sites or in other marketing promotions related to the Sponsor without further compensation to participants. All Submissions must be in English. Submissions that are in any other language will not be considered. Submissions that include content that violates the rights of third parties or are deemed to be lewd, obscene, pornographic, disparaging of the Sponsor, or otherwise contain objectionable material may be disqualified in the Sponsor's sole discretion. Submissions must be received by the Sponsor during the Contest Period. Submissions received after 11:59 P.M. (ET) on November 15, 2008 will be disqualified and no exceptions will be made.
   
   
5. JUDGING: All Submissions will be judged by a panel of experts based on the following equally weighted judging criteria: (i) novelty and originality of the blog entry; (ii) usefulness and character of the substantive feedback; (iii) the blog's interest and appeal to other users of the Curl Platform; (iv) clarity in the expression about the user's experience; (v) how the blog demonstrates or showcases specific features; or (iv) the ability to use the blog to improve any aspect of the Curl Platform. In the event of a tie, the individual among the tied Submissions that best highlights how the Curl Platform is used in building an application will be awarded the grand prize. In the event that no Submissions are received, no prize will be awarded. Decisions of judges are in the Sponsor's sole discretion based on the foregoing judging criteria and shall be final and binding. Winners will be notified by email to the email address provided by the participants when sending the Submissions.
   
   
6. PRIZES AND APPROXIMATE RETAIL VALUE. Grand Prize: Each of the four (4) Grand Prize winners will receive one Apple iPhone 3G (approximate value of $300.00)*. For winners in countries where service for the Apple iPhone 3G is unavailable, winners may have the option of receiving $300.00 in cash, which is the approximate value of the Grand Prize. Second Prize: Each of the next top fifty (50) Submissions will receive a Curl T-Shirt. Curl shall ship prizes to confirmed winners at Curl's expense. All other expenses not specified herein, including wireless service contracts for the iPhone, are the responsibility of the winner. Cash prizes will be awarded in U.S. dollars. All costs associated with currency exchange are the sole responsibility of the winner. ALL TAXES AND ANY APPLICABLE WITHOLDING AND REPORTING REQUIREMENTS ARE THE SOLE RESPONSIBILITY OF THE WINNER.
   
   *Other names and brands may be claimed as the property of others.
   
   
7. CONDITIONS OF PARTICIPATION. Sponsor reserves the right to substitute a prize for an item of equal or greater value in the event all or part of a prize becomes unavailable. Prizes are awarded "as-is" without warranty of any kind from Sponsor, express or implied, other than the manufacturer's limited warranty. All federal, state, provincial, and local laws and regulations apply. Submission of entry into this Contest deems that participants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor and the judges, which are final and binding on all matters pertaining to this Contest. Return of any prize/prize notification may result in disqualification and selection of an alternate winner. Any potential winner who does not claim the prize within 15 days of attempted first notification will forfeit his/her prize. Potential prize winner(s) may be required to sign and return an Affidavit or Declaration of Eligibility/Liability & Publicity Release within 30 days following the date of first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner. The intellectual and industrial property rights to the Submission, if any, will remain with the participants, except that these terms do not supersede any other assignment or grant of rights according to any other separate agreements between participants and other parties. As a condition of participating in the Contest, participants agree that the Sponsor shall have the right to use, copy, modify and make available the Submissions in connection with the operation, conduct, administration, advertising, and promotion of the Contest via communication to the public, including, but not limited to the right to make screenshots, animations, and video clips available to the public for promotional and publicity purposes. Notwithstanding the foregoing, ownership of and all intellectual and industrial property rights in and to the Submissions shall remain with the participant. Acceptance of the prize constitutes permission for, and winners' consent to, Sponsor and its agencies to use the winner's name or likeness and Submission for advertising and promotional purposes without additional compensation, unless prohibited by law. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the prize. A participant may be prohibited from participating in this Contest if, in the Sponsor's sole discretion, it reasonably believes that the participant has attempted to undermine the legitimate operation of this Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other participants, the Sponsor, the judges, or associated agencies. In the event a winner/potential winner's employer has a policy that prohibits the awarding of a prize to an employee, the prize will be forfeited and an alternate winner will be selected.
   
   
8. NO RECOURSE TO JUDICIAL OR OTHER PROCEDURES: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this contest are hereby excluded, and any participant expressly waives any and all such rights.
   
   
9. GENERAL RELEASE: By entering and participating in this Contest, all participants agree to release and hold Sponsor, its parents, subsidiaries, affiliates, agents, directors, officers, employees, representatives, and assigns harmless from and against all claims and damages caused by, arising from, or in connection with each participant's participation or entry in the Contest or receipt or use of any prize awarded in this Contest.
   
   
10. LIMITATIONS OF LIABILITY: Notwithstanding anything in these Official Rules to the contrary and to the extent permitted by law, in no event shall Sponsor be liable for any punitive, incidental, indirect, special, or consequential damages, loss of profits, loss of data, or interruption of business. By entering the Contest, participants agree that all disputes, claims, and causes of action arising out of or in connection with the Contest or prize awarded shall be resolved individually without resort to any form of class action and that Sponsor's liability under these Official Rules for any and all damages shall be limited to the value of the Grand Prize (approximately $300.00). In no event shall Sponsor be liable for attorneys' fees.
    
    
11. GOVERNING LAW: Participants agree that these Official Rules are governed by the laws of the State of Massachusetts, USA.
    
    
12. DATA PRIVACY: Participants agree that personal data, especially name and address, may be processed, stored and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to check participants' identity, their postal address and telephone number, or to otherwise verify their eligibility to participate in the Contest and to receive any prize. Participants have a right to access, review, rectify or cancel any personal data held by the Sponsor by writing to Sponsor (Attention: Withdraw Name from Curl Blogging Contest, at the email address blog_contest@curl.com). If participant's data is not provided or is canceled, participants' Submissions will be disqualified.　The Sponsor shall contact participants solely through the contact information provided by the participants at the time of Submission.
    
    
13. WARRANTY AND INDEMNITY: Participants certify and warrant that their Submission is original and that they are the sole and exclusive owner and right holder of the Submission and that they have the right to submit the Submission in the Contest. Each participant agrees not to submit any Submission that (1) infringes any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation or (2) otherwise violates applicable law in any countries in the world. To the maximum extent permitted by law, each participant shall indemnify, agree to keep indemnified, and hold the Sponsor, its parent, affiliates, subsidiaries, agents, directors, officers, employees, representatives and assigns harmless at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the participant or a breach of any warranty set forth herein. Further, to the maximum extent permitted by law, each participant shall indemnify, agree to keep indemnified, and hold the Sponsor, its parent, subsidiaries, agents, directors, officers, employees, representatives and assigns harmless at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which the Sponsor will or may become liable by reason of or related or incidental to any act, default or omission by a participant under these Official Rules including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these Official Rules by a participant.
    
    
14. ELIMINATION: Any false information provided within the context of the Contest by any participant concerning identity, postal address, telephone number, ownership of right or non-compliance with these Official Rules or the like may result in the immediate elimination of the participant from the Contest. Sponsor further reserves the right to disqualify any Submission that it believes in its sole discretion infringes upon or violates the rights of any third party or otherwise does not comply with these Official Rules.
    
    
15. INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations, or transmission. Sponsor is not responsible for theft or destruction or unauthorized access to or alterations of Submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Sponsor is not responsible for inaccurate transmissions of or failure to receive Submissions by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Contest is compromised due to causes including infection by computer virus, defects, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Contest. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the submission process. Any attempt by an individual to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent of the law.
    
    
16. SEVERABILITY: If any provision of these Official Rules are held to be invalid or unenforceable by a final judgment, order, or decree of any court or administrative body having proper jurisdiction, then, as to that jurisdiction only, such provision shall be deemed severed from these Official Rules, and all remaining provisions hereof will remain in full force and effect.
    
    
17. WINNER'S LIST: For winner's name, go to http://developers.curl.com/community/resource_center/blog_contest.html on or about November 20, 2008, which will be available for a period of up to 60 days.
    
    
18. SPONSOR: The Sponsor of this Contest is Curl, Inc., One Cambridge Center, 10th Floor, Cambridge, MA 02142-1612.