Pentaho Excellence Awards Terms and Conditions
No purchase necessary to enter or win. Void where prohibited
Pentaho Corporation ("Pentaho" or "Sponsor") is sponsoring the 2015 Pentaho Excellence Awards ("Contest"), a skill contest in which participants provide a description of how Pentaho products (including but not limited to Pentaho Data Integration, Pentaho Business Analytics, Kettle, Mondrian, C+ Tools, Custom Visualizations with WebDetails, Pentaho Training, and Pentaho Services) were used to solve a business problem or project that required an innovative solution to a complex problem. The innovative solution must have been executed to address the problem described by the participant or must at least be in progress. To enter, visit the Contest website at www. pentahoworld.com/awards during the Term. The Contest begins on May 4, 2015 at 12:00 p.m. Eastern Time ("ET") and ends on July 27, 2015 at 7:59 p.m. ET ("Term").
IMPORTANT NOTICE TO ENTRANTS: ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
To be eligible to enter the Contest, the entrant ("Entrant") must be: (1) a legal commercial entity; (2) a Pentaho business partner, customer or user of Pentaho products; and (3) the individual entering the contest on behalf of the Entrant ("You") must have access to the Internet and a valid email address to enter the Contest on behalf of the Entrant.
You warrant that in entering the Contest, Entrant has authorized You to act as its agent, that You are acting within the scope of your employment as an employee, contractor, or agent of Entrant, that Entrant has full knowledge of your actions and has consented thereto, and that Entrant agrees to satisfy all conditions required to participate in the Contest. You further warrant that Entrant owns any work product that You create as part of the Contest and that Your actions do not violate Entrant's company's policies and procedures.
To enter the Contest, You must complete all required fields on the entry form located at www.pentahoworld.com/excellence-awards and provide Entrant's name, Your name, Entrant's address, Your phone number, Your email address, and select from one or more of the following categories contained in the Entry:
Hereinafter, these five (5) categories will be collectively referred to as "Categories" or individually referred to as "Category." After choosing the Category or Categories, You must provide a detailed explanation on how Entrant implemented an interesting, creative and/or innovative solution utilizing the Pentaho family of products ("Entry"). Entrant will use the same Entry for all Categories chosen, so the Entry should address the judging criteria for all Categories entered, however Entrant may win in only one (1) Category.
All Entries must be in English. Entries that are in any other language will not be considered. LIMIT ONE (1) ENTRY PER ENTRANT. A company, vendor or other third party may enter ONE (1) additional Entry for the same nominee, but this entry must be submitted separately and for a different category. Any subsequent Entries beyond a total of TWO (2) for a single nominee will be disqualified. All Entries become the property of Sponsor. Entries will not be returned or acknowledged. Entries are void if they are illegible, incomplete, damaged, altered, counterfeit, manipulated, obtained through fraud, lost, late, misdirected, mutilated, incomplete, illegible, submitted in a format other than in the entry form on the website, or for any computer related, online, telephonic, or technical malfunctions that may occur whether or not within Sponsor's or Entrant’s control. Entries will also be disqualified if they infringe upon third parties’ rights or if they are objectionable, offensive, unlawful, illegal, or contradictory to the spirit of the Contest.
For residents of the European Union:
Pursuant to EU law pertaining to data collection and processing, You are informed that:
Pentaho Corporation, located at 5950 Hazeltine National Drive Suite 460, Orlando, FL 32822, USA, is the Sponsor of the Contest.
Up to five (5) potential winners (each a "Potential Winner") will be selected based on one (1) round of judging, called the "Grand Prize Round" of judging, with one (1) Potential Winner being selected in each Category. In the event that no Entries are received in one (1) or more of the five (5) categories, no Winner will be selected from any category which has no Entries and fewer than five (5) Grand Prizes will be awarded. The Grand Prize Round of judging will take place beginning on or about July 1, 2015 and ending on July 15, 2015. The Entries will be judged by a panel of experts in the field of business and open source technology ("Judges"). The decisions of the Judges are final. Judges include three full time Pentaho Executives and two external industry experts.
The Judges will evaluate entries based on the following criteria:
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In the event of a tie in a single category, the two winning Entrants will be notified and allowed to submit additional content to permit the tied entries to be re-evaluated so that a single winning Entrant will be selected in that category.
Sponsor will notify You that the Entrant is a Potential Winner by e-mail near the end of July, 2015 and will deliver to You by email, the Affidavit of Eligibility, Release of Liability and/or Publicity Release ("Prize Documents"). In order to receive the Grand Prize, You and the Potential Winner must complete the Prize Documents (as long as the completion of these Prize Documents does not violate any applicable law). The Prize Documents must be properly executed by You and the Potential Winner and returned to Sponsor within seven (7) days of receipt and in no event later than July 31, 2015 as a condition of receipt of the Grand Prize. If the e-mail notification is returned as undeliverable, rejected, or no response is received with seven (7) days, the Potential Winner will be disqualified and an alternate Potential Winner will be selected based on the criteria set forth in Section 6 above.
By agreeing to accept the Grand Prize, described below, each Potential Winner agrees to collaborate with Sponsor to create a customer success story based on ` the Potential Winner's Entry. The completed customer success stories will then be posted on line at www.pentahoworld.com/awards and will also appear on www.Pentaho.com. The rights, including copyright, to the customer success story, will belong to Sponsor and You and the Entrant/Potential Winner will have no right, title or ownership of the customer success story. In order to use the customer success story, You and the Entrant/Potential Winner must obtain written permission from Sponsor.
Winners will also need to make themselves available for videos and photographs, which will be used in event promotional/marketing materials such as event banners, videos, and award ceremony materials. Winners will execute a separate agreement authorizing Sponsor to photograph, film and use the pictures and videos of the Winners and releasing Sponsor of liability for such use. A Pentaho Marketing and Communications Associate will work with You and Entrant to schedule a time for a photographer to take Your picture and/or interview you on video so we can showcase You and the Entrant's accomplishments during the PentahoWorld 2015.
Overall Winner. The Entrant that received the highest overall score in the Contest will be named the Pentaho User of the Year. This will be awarded at the 2015 Pentaho Excellence Awards Ceremony at PentahoWorld 2015 in Orlando, Florida scheduled for October 13-15, 2015.
The Overall Winner will receive additional "prizes" in the form of a trophy naming it the "2015 Pentaho Excellence Awards Overall Winner of the Year," one-on-one interview time with The Cube onsite at PentahoWorld 2015; and a Pentaho executive will visit the Overall Winner’s office to take its core development team to dinner.
Sponsor will award up to five (5) Grand Prizes to the Potential Winners who have returned the Prize Documents ("Winners"). Each Grand Prize shall consist of one (1) complimentary admission to PentahoWorld 2015 in Orlando, Florida ("Grand Prize"), which Winner may give to the individual of its choice. Grand Prize does not include travel to or from the event, non-conference meals, or lodging at or during PentahoWorld 2015. Grand Prize does include access to all PentahoWorld 2015 sessions, conference meals, and special events, (ii) an invitation to a VIP Executive dinner with Pentaho executives, keynote speakers, and other honored guests, (iii) admission to the Pentaho User Excellence Award presentation with a profile of Entrant at the PentahoWorld 2015 general session, (iv) opportunity to highlight accomplishments of Entrant and receive recognition for being an innovator and a leader. If PentahoWorld 2015 registration for the attendee has already been paid, Pentaho will reimburse the Winner up to the approximate retail value, which shall not be greater than $1,195 USD.
If a Winner is unable to have someone attend the PentahoWorld 2015 events, Sponsor may, in its sole discretion, disqualify that Winner and select an alternative Winner, based upon another Entrant’s score as determined by the criteria set forth in Section 6 (above).
Winners are responsible for any other expenses, including cost of travel to and from the PentahoWorld 2015 event in Orlando, Florida, and any other expenses not expressly stated above, including but not limited to, hotel accommodations, ground transportation, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal expenses at lodging, security fees, taxes or other expenses, which are the responsibility solely of the Winner. Winners are also solely responsible for obtaining any visa or travel documents necessary for attendee to travel into the United States. No prize is redeemable for cash. No prize substitution, cash substitution, or assignment or transfer of any of the prizes is permitted, except by Sponsor for reason of unavailability, in which case a prize of equal or greater value will be awarded. The prize consists of only those items specifically listed as part of the prize. Prizes are awarded without warranty of any kind from Sponsor, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local laws or regulations. All taxes, costs, and fees associated with the Grand Prize or any prize are the sole responsibility of the Winners. LIMIT ONE GRAND PRIZE PER ENTRANT. Odds of winning depend on the number of eligible Entries received and the skill of the Entrants.
By entering the Contest, Entrant agrees to be bound by the terms of these Official Rules and Entrant confirms that it meets all eligibility requirements listed herein. Entrant agrees that all federal, state, provincial and local laws and regulations apply. By submitting an Entry in the Contest, Entrant agrees that these Official Rules and the decisions of Sponsor are final and binding on all matters pertaining to this Contest.
Acceptance of a Grand Prize constitutes permission for Sponsor and its agencies to use Your and the Potential Winner's winning Entry, the Entrant's name, and Your name and/or likeness for advertising and promotion in any media now known or hereafter devised, without further notice, compensation, consideration, review, or consent, and without regard to moral rights, unless prohibited by law. To the extent permitted by law, You and Entrant agree to hold Sponsor, its respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Contest and/or use or acceptance of any prize.
Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by Sponsor or its agents. You or Entrant may be prohibited from participating in this Contest if Sponsor, in its sole discretion, reasonably believes that You or Entrant have attempted to undermine the legitimate operation of the Contest by cheating, deceiving or engaging in unfair playing practices, or if You or Entrant take actions that annoy, threaten, or harasses any other participants, Sponsor, or associated agencies.
By submitting an Entry in the Contest, You and Entrant warrant and represent that You and/or Entrant are the sole author and creator of the Entry, the Entry does not violate any applicable law, and that You or Entrant have no reason to believe that the Entry infringes or violates any intellectual property right held by any third person. Entrant further agrees to indemnify and hold harmless Pentaho, its agents, representatives and promotional partners, in the event of a breach of this warranty. In the event that the Entrant is a resident of South Africa, such indemnity will (require) the approval of the South African Reserve Bank.
As a condition of submitting an Entry, You and/or Entrant, as applicable, grant Sponsor and its licensees an irrevocable, royalty-free, and non-exclusive license, for the duration of protection of the rights, to use, reproduce, distribute, translate, publicly perform, publicly display and create a derivative work from the Entry. You and Entrant also waive all moral rights in the Entry to the extent such rights are waivable. You and Entrant also agree to allow Pentaho to publish Your name and Entrant's name in connection with the Entry. In addition, before being declared a Winner, each French Potential Winner must sign an assignment of copyright. All Entrants agree to execute any further documents as necessary to effect the preceding license.
By participating in the Contest, You and Entrant release Sponsor, its affiliates, parent, and subsidiary companies, its employees, agents and officers and directors, advertising and promotion agencies, licensees, as well as all others associated with the development and execution of this Contest, from and against any and all liability with respect to or in any way arising from the Contest and the awarding and use of the prize(s), or in connection with the use, modification, or publication of the Entry. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest Entries or Entry forms; or alteration of Entries or Entry forms.
NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE TERMS AND CONDITIONS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE OFFICIAL RULES TO BE VOID ("NON-EXCLUDABLE GUARANTEES"). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE, SPONSOR EXCLUDES FROM THESE OFFICIAL RULES ALL CONDITIONS, WARRANTIES AND TERMS IMPLIED BY STATUTE, GENERAL LAW OR CUSTOM EXCEPT FOR LIABILITY IN RELATION TO A NON EXCLUDABLE GUARANTEE. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE SPONSOR FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE TROPHY, AND ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE OR CONTEST RELATED ACTIVITIES, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY (HOWEVER, ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION, THIS RELEASE, HOLD HARMLESS AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF SPONSOR OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). THE WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, BEYOND ANY NON-EXCLUDABLE GUARANTEES.
This Contest and Official Rules are governed and shall be interpreted by the laws of the State of Florida, without regard to its conflict of law provisions. The state and federal courts located in Orlando, Florida will have exclusive jurisdiction and venue over any dispute arising out of or relating to these Official Rules and the Contest.
The Official Rules, the names of the winners and the success stories created by the Sponsor will be posted online at www.pentahoworld.com/excellence-awards on or about August 2015.