Kona™ by Deltek Contest Rules

ENTRANTS MUST BE REGISTERED KONA MEMBERS AT THE TIME OF CONTEST ENTRY. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. YOUTUBE IS NOT THE SPONSOR OF THIS CONTEST.

The following are the official rules (“Rules”) for the Kona™ by Deltek Contest (“Contest”) sponsored by Deltek, Inc. (“Sponsor”).

ELIGIBILITY: The Contest is open to all registered Kona users who are legal residents of the 50 United States and the District of Columbia and are 18 years old, or the age of majority where the Entrant resides, whichever is older at the time of entry, and who did not purchase any product, equipment or software for the purposes of entering this Contest. Employees, directors, officers, and their immediate families or members of the same household of Sponsor, including Sponsor’s subsidiaries, affiliated companies, agencies, associates, resellers, business partners, subcontractors, consultants, and suppliers are not eligible. The Contest is void where prohibited or restricted by law. All federal, state and local laws and regulations apply.

ENTRY: To enter, you must submit a video on why you like Kona technology and how you use it to do something better or different within your business. You can enter by completing the registration form at the Kona blog at https://www.kona.com/blog/success-video (the “Contest Site”) and uploading your video to your YouTube account that is listed on your registration form (collectively referred to as the “Entry”). No other method of entry will be accepted. You must have a valid YouTube account to enter. To set up such an account, please go to www.YouTube.com. Each eligible person who submits a complete and valid Entry will be referred to as an “Entrant”. Entries must comply with the Content Guidelines set forth below and must be received by no later than 11:59 PM Eastern Time (“ET”) on September 19, 2013 (“Contest Deadline”). Only one (1) Entry per person is permitted. Incomplete Entries are void. You have not yet won a prize. All Entries become the property of Sponsor and will not be acknowledged or returned. Sponsor’s computer shall be the official clock for this Contest.

Entries must be created and entered on an individual basis only (i.e., no joint or corporate entries or entries on behalf of any Entrant may be submitted by another person). If an Entrant has submitted an Entry about the use of Kona by his or her employer, the Entrant represents and warrants that he or she has the permission of his or her employer to enter the Contest, to refer to the employer’s business as part of the video submitted with the Entry and to accept the prize on an individual basis. No Prize will be awarded to an Entrant if such award of prize will violate the policies and practices of Entrant’s employer or would violate any applicable law.

CONTENT GUIDELINES: To be eligible, all Entries must comply with the following restrictions:

  • Videos must be no less than 15 seconds in length and no more than 90 seconds in length and must be submitted through the Entrant’s YouTube account listed on his or her registration form.

  • Videos must comply with YouTube’s Terms of Service and Community Guidelines. Failure to do so will result in disqualification.

  • Videos must be the original work of the submitting Entrant, must not have been previously published or entered into any other competition, and must be under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the videos and each and every aspect of the videos must be free of any and all liens, encumbrances, and claims of third parties.

  • Videos must not violate any third party’s patent, trademark, copyright, trade secret, privacy, publicity or other proprietary rights and the permission of Entrant’s employer is required to participate in the Contest.

  • Entrant must have permission to refer to or display any trademark, name or logo of the business for which Entrant used Kona technology that is the subject of the video.

  • Videos may not show any person other than the Entrant, unless the Entrant has obtained full and complete permission to use that other person’s name, likeness, voice and aspects of their persona in the video.

  • Videos must not contain or feature unsafe behavior or situations, alcohol or tobacco use, weapons, profanity, nudity, pornographic images or explicit sexual themes, graphic violence, defamatory or libelous statements, false or misleading advertising, or any other material considered illegal or inappropriate, or anything that is disparaging or derogatory of the Sponsor or its products and services.

Sponsor is not responsible for any expenses incurred in the production and delivery of the videos. Sponsor reserves the right at its sole discretion to disqualify and remove any videos from the Contest Site if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Videos determined, in Sponsor’s sole discretion, to violate any of the foregoing guidelines, to violate any law, or otherwise deemed by Sponsor, in its sole discretion, to be prejudicial to Sponsor or inappropriate in any way, will be disqualified. Entrants also understand and agree that YouTube may remove videos from YouTube channels or accounts if they violate YouTube’s Terms of Service and Community Guidelines and such removal may result in disqualification from this Contest.

PRIZE: One (1) iPad mini with Wi-Fi 16GB personalized with www.kona.com Get connected, Get Organized and Get things done. (Approximate Retail Value: $352.00) will be awarded (the “Prize”) to the winner of the Contest determined as set forth below. The Prize is not transferable and not redeemable in cash and cannot be used in conjunction with any other Sponsor promotion. The Prize does not include mobile, wireless or other data services. There are no prize substitutions, except that Sponsor may substitute a prize of equal or greater value for any prize. The Winner (as defined below) is solely responsible for paying any and all applicable federal, state, local taxes and surcharges that may be imposed in connection with the Prize. Sponsor will issue a Form 1099 to the Winner.

SELECTION AND NOTIFICATION OF WINNERS: A panel of Sponsor’s judges will review the Entries by all eligible Entrants on or around September 20, 2013. The judges will select the five (5) top Entries based on the following criteria: (1) the quality and creativity of the video; (2) the prominence of Kona™ technology in the video; and (3) the suitability of the video to represent the Kona™ brand (the “Finalist Videos”).

The Finalist Videos will be posted online for public voting between September 23, 2013 and September 30, 2013 (the “Voting Period”) on the Contest Site. A vote can be submitted by viewing and casting a vote for one of the Finalist Videos at the Contest Site. Only one vote per person/valid email address will be permitted. The use of multiple, false or fictional names or email addresses, or automated computer programs, code or scripts to generate votes is prohibited and will result in disqualification of such votes. No person may vote by proxy for any other person. Sponsor shall have sole discretion to determine whether a vote is eligible and to disqualify any votes that it deems to be fraudulent or in violation of these Rules. Any leaderboard or voting rankings are preliminary and not intended to be a final determination of who received the most vote as all votes are subject to verification.

After the Voting Period is concluded, the judges will then select a winner (“Winner”) from the Finalist Videos using the following criteria: (1) the quality and creativity of the video (25%); (2) the prominence of Kona™ technology in the video (25%); (3) the suitability of the video to represent the Kona™ brand (25%); and (4) the results of the voting (25%). All decisions of the judges are final and binding. Winning the most votes during the Voting Period does not mean that an Entrant will be declared the Winner.

The potential winner will be contacted by e-mail or phone. Should notification be returned for any reason or the potential winner refuses the Prize, fails to respond within fourteen (14) calendar days of the e-mail notification, fails to respond after three (3) telephone call attempts, or is ineligible to receive the Prize, an alternate winner will be selected. Each potential winner may be required to complete, sign and return an Affidavit of Eligibility and, except where prohibited, a Liability/Publicity Release, all, within fourteen (14) calendar days of e-mail notification in order to claim the Prize. Only when a potential winner has complied with all the requirements of these Rules, including signing the Affidavit, will that person become a Winner. The Prize claimed in accordance with the Rules will be awarded.

The odds of winning depend upon the number and quality of eligible Entries received by the Contest Deadline.

REPRESENTATIONS AND WARRANTIES: By entering this Contest, and submitting an Entry, each Entrant represents and warrants that the Entry (including the video) is the Entrant’s original work and does not infringe on any copyrights, patents, confidential information, trade secrets, trademarks, or proprietary, industrial, or other rights belonging to any person or entity, or violate any person’s rights of privacy or publicity or violate any law, rule, statute, or order of any jurisdiction. Entrants agree to indemnify and hold harmless the Sponsor Entities (defined below) from any and all claims, lawsuits, losses, damages, settlements, costs and expenses (including attorney’s fees) arising out or related to their Entries (including the videos) and their participation in this Contest.

PERMISSION TO USE NAME AND LIKENESS: By participating in the Contest, Entrants agree that their name, image, likeness, and city, state, and country or residence may be used for any advertising and promotional purposes at Sponsor’s discretion in any and all media now known or hereinafter developed without territorial or time limitations, or right of approval, and for no additional compensation, except where prohibited or restricted by law.

ENTRANTS PERSONAL INFORMATION: All personal information that Entrants submit will be subject to Sponsor’s privacy policy (“Privacy Policy”) at www.kona.com/privacy. In the event of any discrepancy between the Privacy Policy and these Rules, the Privacy Policy will govern and control. For a copy of Sponsor’s full on-line Privacy Policy for www.kona.com please visit https://www.kona.com/privacy/. Entrants acknowledge and agree that their videos will not be treated as confidential and may be made available to the public. Sponsor does not guarantee any confidentiality with respect to any video.

GRANT OF RIGHTS IN ENTRIES AND VIDEOS: As a condition to entry into this Contest, each Entrant grants to the Sponsor, and each of its parent, subsidiaries, affiliates, employees, licensees, designees, successors, and assigns, as well as any and all judges for the Contest (collectively, the “Sponsor Entities”), a fully transferable, perpetual, irrevocable, and royalty-free worldwide license to reproduce, distribute, modify, publicly display, publicly perform, publish and otherwise use the Entries (including videos) in any and all media and formats, whether now known or hereafter developed, and for any purpose, including without limitation: (a) any purpose relating to the Contest, including without limitation downloading the video from Entrant’s YouTube account, posting the video on the Contest Site and transmitting and exhibiting the video for the judges; (b) the marketing, advertising, and promotion of the Contest; (c) as part of a promotional video containing other videos entered in this Contest to be shown at any Deltek Insight conference; and (d) the marketing, advertising, promotion and development of Sponsor’s products and services. These uses may include, but are not limited to, posting the videos on internal or public external websites and the Internet, transmitting the videos to the judges for evaluation, and loading and operating the videos on computers and mobile devices. Each Entrant agrees, upon Sponsor’s request, to do or perform all such actions and execute all such further documents and instruments as may be necessary or advisable in order to perfect or otherwise make the above license grant fully effective. Entrants understand that Sponsor is under no obligation to use or display any videos that are submitted.

COPYRIGHT INFRINGEMENT: Sponsor respects the copyrights of others and expects Entrants to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, Sponsor will respond expeditiously to notices of alleged copyright infringement relating to the Contest that are duly reported to Sponsor’s Designated Copyright Agent (“Copyright Agent”) identified below.

If you believe that any material on the Contest Site has infringed your copyright, please notify the Copyright Agent and provide the following information in writing (the “Notice”):

  1. An identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  2. An identification of the material on the Contest Site that you claim is infringing or is subject to infringing activity that is to be removed or access to which is to be disabled, with enough detail (including, without limitation, the URL of the material) to allow us to locate the material on our site.
  3. Your name, address, telephone number, and e-mail address.
  4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  5. A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive copyright interest involved.
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Copyright Agent for the Contest Site is the General Counsel, Deltek, Inc., who can be reached at 703.885.9357, or at robertwalton@deltek.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA Notice may not be valid. In addition, any videos that are taken down from the Contest Site under this provision may result in the Entrant being disqualified.

GENERAL CONDITIONS / RELEASE: By entering this Contest, each Entrant fully and unconditionally agrees (a) to be bound by these Rules; (b) to accept decisions of the judges, which are final and binding in all matters related to the Contest; (c) that Sponsor Entities are not in any way responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to the Prize (any written warranty by the manufacturer concerning the prize will be provided along with the Prize); and (d) to release Sponsor Entities, YouTube and all of their respective officers, directors, employees, representatives and agents, from any and all liability for any claims, costs, injuries, losses or damages of any kind to persons, including death, or property damage resulting in whole or in part, directly or indirectly, from (i) Entrant’s acceptance, possession, misuse or use of any prize or participation in this Contest or any Contest related activity, including illegal access to personally identifiable or sensitive information; and (ii) for any typographical or other error in the printing, offering or announcement of any prize or incorrect, inaccurate transcription of Entrant information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or website or to complete a telephone call or facsimile transaction, or any other malfunction, or late, lost or misdirected mail, or any damage or injury to Entrant’s or any other person’s computer related to or resulting from participation in this Contest.. Sponsor reserves the right, in its sole discretion, to cancel, terminate or suspend this Contest should virus bugs, unauthorized human intervention or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of cancellation or termination, the Prize will be awarded by the judges using the above-established criteria from among all eligible Entries legitimately received prior to the event causing such cancellation or termination. In the event of a dispute regarding prize claims or Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry used to enter will be deemed to be the Entrant and must comply with these Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Failure by Sponsor to enforce any term of these Rules shall not constitute a waiver of that provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of the Rules, the Rules shall prevail, govern and control.

DISPUTES: Entrants, agree that (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration (where legal); (b) claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorney’s fees, and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental, and consequential damages and any other damages, other than out-of-pocket costs, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Delaware without giving effect to any choice of law or conflict of law rules (whether of the State of Virginia or any other jurisdiction). Should any provision of these Rules be deemed unenforceable or invalid, the other provisions of these Rules shall remain in full force and effect.

WINNERS LIST: The Winner will be posted on the Kona Blog at the Contest Site, KonaLife on Facebook and Kona_Life on Twitter no later than October 15, 2013. You can also request a winner’s list by sending a self-addressed stamped envelope after October 20, 2013 to: Kona Community Team, Deltek, Inc., 300 TradeCenter 128, Suite 7800 Woburn, MA 01801.

TRADEMARKS: Names of products or manufacturers are used for purposes of prize description only and such use is not intended to suggest or imply the manufacturer’s sponsorship, endorsement, or the approval of this Sweepstakes. All trademarks referenced herein are owned by their respective companies and do not imply or suggest that such companies endorse or support this Contest.

NOTICE TO INDIVIDUALS—REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from future Kona™ Contests or promotions from Sponsor, by notifying us in writing and including your name, address (including any street address and P.O. Box), city, state, zip code phone number, and e-mail address. Sign and date your request and mail this information to: Deltek, Inc., Attention: Kona™ by Deltek Contest, 2291 Wood Oak Drive, Herndon, VA 20171. Allow sixty (60) days from receipt of notification to process your request.

SPONOR: Deltek, Inc. 2291 Wood Oak Drive, Herndon, VA 20171.

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