kiwanja.net’s nGOmobile Contest (the “Contest”) is intended for participation
only by non-profit organizations in the developing world. For purposes of this
Contest, a “non-profit organization” is defined as an organization whose primary
objective is to support an issue or matter of private interest or public concern
for non-commercial purposes, without concern for monetary profit. For purposes
of this Contest, a “developing country” is one characterized by low per capita
income, widespread poverty, low capital formation, an undeveloped industrial
base, and a moderate to low Human Development Index. Contestants will be
required to show proof of their status as a non-profit organization in their
respective country at the time of entry. Do not enter this Contest if you do
not meet the foregoing requirements for participation or if you otherwise cannot
comply with the terms of these Contest rules (the “Official Rules”) set forth
below.
NO PURCHASE NECESSARY TO ENTER OR WIN.
ELIGIBILITY:
The Contest is open only to non-profit organizations in the developing world, as
defined above. kiwanja.net reserves the right, at its sole discretion, to
request confirmation of an entrant’s eligibility. Employees and agents of
kiwanja.net and all participating sponsors, their affiliates, subsidiaries,
advertising and promotion agencies, any other prize sponsor, and any entity
involved in the development, production, implementation, administration or
fulfillment of the Contest (all of the foregoing, together with kiwanja.net,
collectively referred to as “Promotion Entities”), and their immediate family
members (spouses and parents, children and siblings, and their respective
spouses regardless of where they live) and/or those living in the same household
of such persons, whether related or not, are not eligible to enter the Contest
on behalf of an otherwise qualified entrant. The Contest is void where
prohibited or restricted by law. The Contest is subject to all applicable
federal, state and local laws and regulations.
HOW TO ENTER:
The Contest starts on 17th September, 2007 and ends at 11:59
p.m. (PST) on 14th December, 2007 (“Promotional Period”). To enter,
visit www.ngomobile.org (the “Contest Site”) anytime during the Promotional
Period, click on the “How to Enter” menu option, and complete the online
registration form by providing the information required and submitting a
Submission as define below in the space provided. Only one (1) entry per
qualified entrant is allowed. More than one (1) entry submitted by a single
entrant will void all entries submitted by that entrant. All entries must be
completely filled out and must be received by 11:59 p.m. PST on 14th
December, 2007 in order to be eligible for entry into the Contest. The use of
automated entry software is prohibited. “Submission” is defined, for the
purposes of this Contest, as an original description, written in the English
language only, of how your organization is seeking to use text messaging to
promote social or environmental change. “Entry” is defined, for purposes of this
Contest, as including both the entry form and the Submission submitted.
CONDITIONS FOR
ENTRY:
Each Submission must be that entrant’s own original creation. Modifying,
enhancing or altering a third party’s preexisting work does not qualify as
entrant’s original creation. Each Entry must be in keeping with kiwanja.net’s
image, as determined by the Contest judges or kiwanja.net in their sole
discretion. Entries may not infringe upon any person’s personal or proprietary
rights, including but not limited to intellectual property rights, and
kiwanja.net’s right to use the Entry shall not be restricted. The Submission
must not contain or promote any of the following: (a) comments about, reference
to or depiction of kiwanja.net; (b) any promotion of third-party branded
products, services, or devices (c) third-party copyrighted materials; (d)
commercial solicitation or advertising; (e) profanity, sexually graphic,
offensive language, “off-color” material or similarly unacceptable language or
material; (f) harassing, threatening, derogatory, racist, abusive, hateful,
violent or obscene language or material; (g) references to the personal identity
of the participant (including last name, e-mail address, phone number, or age)
with the exception of the first name and city; (h) references to personal
information about others, including name or information that may be used to
identify or locate another individual or that could otherwise be deemed to
constitute invasion of another’s privacy; (i) libelous, slanderous or defamatory
material regarding the character of participant or non-participant; (j) illegal
statements, material or content (k) political content or propaganda; (l)
language that promotes drugs or alcohol, illegal or inappropriate activities or
dangerous behavior that may result in harm to anyone reading the Submission; (m)
third-party trade secrets, confidential or privileged information; or (n)
language that promotes conduct or activities in violation of these Contest
Rules. Entries that are incomplete or do not comply with these Official Rules or
any other requirements posted on the Contest Site in any way are subject to
disqualification, in kiwanja.net’s sole discretion. No correspondence regarding
entries will be acknowledged or exchanged with entrants except as provided
herein. As conditions of entry into the Contest and by submitting an Entry, each
entrant irrevocably grants to Promotion Entities and their affiliates, legal
representatives, assigns, agents and licensees, the worldwide, royalty-free,
non-exclusive, sublicensable, unconditional, perpetual and transferable right
and license to use the Contest Entry materials for advertising, promotional or
commercial purposes, including without limitation, the right to publicly
display, perform, reproduce and distribute the Contest Entry materials and/or
modify such Entry and the concepts embodied therein in any way, in commerce and
in any media format or medium and through any media channels worldwide, without
limitation or compensation to the entrant, and entrant may be required to sign
additional agreements, releases or other documents to this effect. Any physical
copies of all Entry materials will become the sole property of the kiwanja.net
and will not be returned or acknowledged.
JUDGING:
Each Entry will be judged by representatives of the sponsors whose decisions are
final and binding in all matters relating to the Contest, and will be scored on
a 100-point scale based on the following equally-weighed criteria: originality,
appropriateness to the theme set forth above, usefulness, and creativity. Four
winners will be selected. All potential winning entries are subject to
validation and verification of eligibility and compliance with all terms and
conditions set forth in these Official Rules. In the event that a selected
potential winner refuses the prize or fails to comply with these Official Rules,
then the entrant who achieved the next highest score will be declared a
potential winner.
NOTIFICATION:
The potential winners will be notified on or about 15th January, 2008
by e-mail and text message to the e-mail address and mobile number submitted
with the online registration form, followed by written confirmation sent via
couriered mail to the address listed by entrant on the Entry form. The potential
winners will be required to sign Liability and Publicity Release, and provide
proof of non-profit status, which must be completed, signed, and returned within
fourteen (14) days from the date of receipt of prize notification. Failure to
provide the required documents within this time period may result in
disqualification of the potential winner and selection of an alternate potential
winner who received the next highest score. Return of any prize/prize
notification as undeliverable to entrant’s address may result in
disqualification of that potential winner and, at the sole discretion of
kiwanja.net, the selection of the entrant who received the next highest score as
the alternate potential winner. By entering the Contest, entrants agree to the
use by kiwanja.net and its designees of entrant’s name for advertising,
promotional and other purposes, worldwide and in perpetuity, in any and all
forms of media, now known or hereafter devised (including and without
limitation, the internet) without additional compensation, except where
prohibited by law.
PRIZE:
The four winners will receive a new HP laptop computer, two Nokia mobile phones,
a Falcom GSM modem, a copy of Open Office, and a pre-installed copy of the
latest FrontlineSMS software. Approximate Retail Value of each prize is $3,500.
No prize substitutions, transfer, cash equivalent or assignment of prizes
allowed, except at the sole discretion of the sponsors due to unavailability.
All taxes and any incidentals and other expenses associated with the prizes and
not specified herein as being awarded are the prize winners’ sole
responsibility, including but not limited to shipping, handling, insurance, and
transportation costs. All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY
KIND, express or implied, (including, without limitation, any implied warranty
of merchantability or fitness for a particular purpose).
DISCLAIMER/LIMITATION OF LIABILITY:
By participating in the Contest, entrants agree to release, indemnify and hold
harmless the Promotion Entities from and against any injuries, losses, damages,
claims, actions, or liability of any kind resulting from or arising from
participation in the Contest or acceptance, possession, use, misuse or nonuse of
any prize that may be awarded. Entrants agree that the laws of the state of
California, and the federal laws of the United States of America will govern any
and all disputes. Promotion Entities are not responsible for technical,
computer, mechanical, printing, typographical, human or other errors relating to
or in connection with the Contest, including, without limitation, errors which
may occur in connection with the administration of the Contest, the processing
of entries, the announcement of the prizes or in any Contest related materials;
or for stolen, lost, late, misdirected, damaged, incomplete, inaccurate,
undelivered, delayed or illegible entries; or for electronic, computer or
telephonic malfunction or error. If in kiwanja.net’s opinion, there is any
suspected or actual evidence of electronic or non-electronic tampering with any
portion of the Contest, or if computer virus, bugs, unauthorized intervention,
fraud, or technical difficulties or failures compromise or corrupt or affect the
administration, integrity, security, fairness, or proper conduct of the Contest,
kiwanja.net reserves the right at its sole discretion to disqualify any
individual who tampers with the entry process and or void any entries submitted
fraudulently, to modify or suspend the Contest, or to terminate the Contest and
award the prizes (based on the judging criteria stated above) using all
eligible, non-suspect entries received as of the termination date. Should the
Contest be terminated or modified prior to the stated expiration date, notice
will be posted on the Contest Site. Any attempts by an individual to access any
web site associated with the Contest via robotic, automatic entry devices,
programs such as, but not limited to, by script, macro or any other automated
means, or other unauthorized entry will void all such Entries by such methods.
Any attempt by an entrant or any other individual to deliberately damage any web
site or undermine the legitimate operation of the Contest is a violation of
criminal and civil laws and should such an attempt be made, kiwanja.net reserves
the right to seek damages and other remedies from any such person to the fullest
extent permitted by law. As a condition of entering the Contest, entrant agrees
that: (a) under no circumstances will entrant be permitted to obtain awards for,
and entrant hereby waives all rights to claim, punitive, incidental,
consequential, or any other damages, other than for actual out-of-pocket
expenses; (b) all causes of action arising out of or connected with this
Contest, or the prize awarded, shall be resolved individually, without resort to
any form of class action; and (c) any and all claims, judgments, and awards
shall be limited to actual out-of-pocket costs incurred, but in no event
attorneys’ fees. kiwanja.net reserves the right to modify prize award
procedures.
GENERAL RELEASE:
By entering the Contest, entrants release kiwanja.net and all Promotion Entities
from any liability whatsoever, and waive any and all causes of action, related
to any claims, costs, injuries, losses, or damages of any kind arising out of or
in connection with the Contest or delivery, misdelivery, acceptance, possession,
use of or inability to use any prize (including, without limitation, claims,
costs, injuries, losses and damages related to personal injuries, death, damage
to or destruction of property, rights of publicity or privacy, defamation or
portrayal in a false light, whether intentional or unintentional), whether under
a theory of contract, tort (including negligence), warranty or other theory.
TO FIND OUT WHO
WON:
The names of the winners will appear on the Contest Site on or about 15th
January, 2008. For a copy of the Official Rules or the Winner’s names, refer to
the Contest Site.
SPONSORS/PARTNERS:
kiwanja.net, Neerja Raman, Hewlett Packard, Nokia, Wieden+Kennedy, 160Characters, Perkins Coie, mBlox, ActiveXperts, KnowHowe Limited, Stephane Boyera and Tim Knight
This Contest and all accompanying
materials are copyright © 2007 by kiwanja.net. All rights reserved.