Launch Party Vancouver - LPV5

Startup Most Likely to Succeed

$1000 winner

7 Judges pick their favourite ...............sponsored by Bootup Labs

Vancouver Giants Box Tix winner

You vote for your favourite ..................sponsored by Fasken Martineau

Rules

The Launch Party Vancouver Start-up Contest (the “Contest”) is FREE to enter and open only to participating Launch Party Vancouver-featured companies from the Launch Party Vancouver 5 event in British Columbia, Canada on September 18th, 2008 (the “LPV5 event”). No purchase is necessary. The Contest begins at 0:01:00 Pacific Standard Time (“PST”) on September 18th, 2008 and ends at 11:59:59 PST on September 22nd, 2008 (the “Promotion Period”). The clock of Launch Party Vancouver (the “Organizer”) is the official timekeeping device for this Promotion Period. Your participation in the Contest, including your submission of a video to Strutta.com (“Strutta”), shall be deemed to be your complete acceptance of the terms and conditions set out below by Strutta and the Organizer.

1. ELIGIBILITY:

The Contest is open only to individuals from the featured companies who have reached the legal age of majority in their jurisdiction of residence (or if a minor at time of entering the Contest, you have your parent’s or legal guardian’s knowledge and consent to enter) and who have been selected to demo their start-up at the LPV5 event.

2. HOW TO ENTER:

You can enter online beginning September 18th, 2008 at 0:01:00 AM PST and ending September 22nd, 2008 at 11:59:59 PST. To enter during the Promotion Period, please e-mail your original video, a URL link to your original video, or a URL link to a third party web site for your original video to jordan@strutta.com or visit http://lpv5.launchpartyhq.com and complete the online registration form. You must provide the date of Your Submission on the online registration form. For the purposes of these Contest Rules, the entry and original video shall collectively be referred to as the “Submission” or “Your Submission.”

Submission Requirements:

  • Submit a video 90 seconds or less answering the following questions in no particular order: 1) what is your Company name?; 2) your name; 3) what is your company's web address?; 4) what does your company do?; and 5) How far you are willing to go as an entrepreneur to make your company succeed? 6) Name and/or show 3 things that one might find on your desktop (for example: a coffee cup, a cup of sharpened pencils and a hand sanitizer).
  • Video must be in the following formats: AVI, MPEG, RM, MOV, MP4, FLV, OGG, MKV, M4V, or 3GP.
  • Videos cannot be larger than 100MB.
  • Videos cannot, in the sole discretion of the Organizer, be obscene, indecent, offensive, violent, hateful or libelous, or contain any other content otherwise prohibited by law or inconsistent with the purposes of the Contest or violates Strutta’s Terms of Service (set out at www.strutta.com/tou, as described in these Contest Rules and related materials.

3. TERMS OF SUBMISSION:

Proof that you uploaded a Submission does not constitute proof or evidence that it was received within the Promotion Period or eligible for the Contest.

You may enter the Contest only once. If the Organizer receives multiple Submissions from you, all but the first entry received will be disqualified.

You may request to remove Your Submission at any time by e-mailing info@strutta.com.

By participating in the Contest you permit public voting and comment in connection with Your Submission.

You are aware and understand that Your Submission may not be acknowledged and will not be received or held “in confidence” and Your Submission does not create a confidential relationship or obligation of secrecy between you and any of the entities involved in this Contest.

Disqualification of the Submission

The Organizer reserves the right to disqualify and/or remove Your Submission, in whole or in part for any reason, within its sole and absolute discretion, provided that it believes the Submission is inconsistent with the purposes or the spirit of the Contest, is not compliant herewith, violates Strutta’s Terms of Service, contains any content otherwise prohibited by law, or will have a detrimental impact on this Contest, on the Sponsors (as described below) or Strutta or any of their products or services. Without limiting the foregoing, any obscene, indecent, offensive, hateful, libelous, sexual or otherwise inappropriate Submission, including, without limitation, those referencing or depicting violence, nudity or explicit activity, or which are not in the spirit of the Contest or do not meet the Sponsors’ standards for any reason, as determined by the Sponsors, in their sole discretion, will not be considered.

The Organizer reserves the immediate right to disqualify you if, in the Organizer's sole discretion: (i) Your Submission is not in compliance with these Contest Rules and the requirements herein; (ii) you tamper with or abuse any aspect of the Submission process, the Contest, or the Contest web site at lpv5.launchpartyhq.com (the “Site”); or (iii) you act in an uncooperative, unsportsmanlike, disruptive, abusive, or threatening manner.

The Sponsors, in their sole discretion, will disqualify you if you tamper with or abuse any aspect of the Contest or the Site.

Rights Granted by you

By entering this Contest, you agree to the following:

  1. Your submission will not be returned to you;
  2. you will grant to Strutta and the Organizer and all of their subsidiaries, affiliates, representatives, employees, agents and contractors an irrevocable, perpetual, royalty-free, assignable, exclusive, worldwide license to use, replicate, alter, adapt, modify, publish, broadcast, translate, produce derivative works from, distribute, present, play and sublicense, and exercise all copyright and other intellectual property rights with respect to Your Submission, in whole or in part, and to include, perform and display Your Submission online at the Site and in other works in any media now known or hereafter created, including, but not limited to, www.strutta.com, without compensation and without notice to you and without consideration, review or approval from you, and you and all third parties who contributed to the Submission will waive all moral rights in respect of the Submission;
  3. you will grant to Strutta and the Organizer permission to make available and otherwise distribute your name and address (city and state/province/territory) in any media, worldwide and in perpetuity, now known or hereafter created, without compensation; and
  4. the Sponsors, Strutta and their licensees, successors and assigns will have the right to use all or a part of Your Submission, your name and address (city and state/province/territory), and the names, likenesses, photographs, voices and images of all persons appearing in the Submission, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation and without notice to you and without consideration, review or approval from you.

You agree that you will not now nor in the future be paid for Your Submission or for granting the Organizer or Strutta any of the rights set out in these Contest Rules. The Organizer, its affiliates, licensees, successors and assigns are in no way obligated to use or continue to use Your Submission (and have no obligation to you or any other person or entity after Your Submission is received).

You agree to waive all claims to and shall receive no royalties of any kind now or in the future from the Sponsors, their affiliates, licensees, successors and assigns for use of Your Submission, including, without limitation, copyright, trademark, public performance, digital sound recording, mechanical, synchronization or master use royalties.

You recognize that other persons may have provided the Organizer or others, or made public, or may in the future submit, or make public, materials that are the same or similar to Your Submission. You acknowledge and agree that the Organizer shall have the right to use such same or similar materials, and that you will not be entitled to any compensation arising from the Organizer’s or Sponsors’ use of such materials.

4. YOUR REPRESENTATIONS AND WARRANTIES

By entering the Contest, you represent and warrant that:

  1. Your Submission, in its entirety, is an original work by you and you have not included third party content (such as writing, poetry, text, graphics, artwork, logos, photographs, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with Your Submission;
  2. no person or entity other than you has any right, title or interest, including, without limitation, any intellectual property rights, in any part of Your Submission;
  3. Your Submission, the use thereof by the Organizer or Strutta, or the exercise by the Organizer or Strutta of any of the rights granted by you under these Contest Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, intentional or negligent infliction of emotional distress, confidentiality, or any contractual or other rights;
  4. no person or entity is entitled to claim royalties from the use of Your Submission;
  5. you have all the rights, licenses, permissions and consents necessary to submit the Submission and to grant all of the rights that you have granted to the Organizer under these Contest Rules;
  6. you have obtained written permission when filming any part of the Submission on private property not owned or controlled by you, where such permission is required;
  7. you have reached the legal age of majority in your jurisdiction of residence at the time of Your Submission, or if a minor at the time of Your Submission, you have your parent’s or legal guardian’s knowledge and consent to enter;
  8. all persons who were engaged by you to work on the Submission, who appear in the Submission in any manner, or have contributed to the Submission have:
    1. given you their express written consent to submit the Submission for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity;
    2. provided written permission to include their name, likenesses, image or pictures in or with Your Submission (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by the Sponsors to provide such permission in writing to the Sponsors;
    3. no claims for payment of any kind, including, without limitation, for royalties or residuals;
    4. no approval, consultation or moral rights or any rights of participation arising out of any use, exhibition or other exploitation of the Submission; and
    5. not been and are not currently under any union or guild agreement that results in any ongoing obligations resulting from the use, exhibition or other exploitation of the Submission;
  9. you understand, recognize and accept that the Organizer has access to, may create or has created materials and ideas that may be similar or identical to the Submission in concept, theme, idea, format or other respects. In the event that Your Submission is identical or similar to the Submission of another participant of the Contest, the Organizer reserves the right to score one Submission higher than the other.
  10. you have read, understood, accept and agree to be bound by the terms and conditions of these Contest Rules, as they may be amended from time to time;
  11. you have read, understood, accept and agree to be bound by the Strutta Terms of Use set out at www.strutta.com/tou, as they may be amended from time to time; and
  12. you will not resell, assign or transfer any of your rights under these Contest Rules.

5. JUDGING CRITERIA:

One (1) grand prize winner will be judged by a panel of qualified judges selected by the Organizer (the “Judges”) from among all eligible Submissions received. Each Judge will rank the Submissions in order of their favorites. The Submission with the highest score will be declared the potential grand prize winner. All decisions by the Judges are final.

One (1) people’s choice winner will be chosen by the community. The Submission with the highest score will be declared the potential people's choice winner.

Potential winners must comply with all terms and conditions of these Contest Rules; winning is contingent upon verification of eligibility and compliance with all requirements herein.

6. PRIZES (each, a “Prize”)

  1. The grand prize winner will receive CDN$1000 cash from the prize Sponsor, Bootup Labs.

  2. The people’s choice winner will receive box seats to the Vancouver Giants Game on October 4, 2008 from the prize Sponsor, Fasken Martineau DuMoulin LLP (together with Bootup Labs, the “Sponsors”, and each a “Sponsor”).

    Potential winners will be notified by e-mail or telephone (at the Organizer’s and the Sponsor's discretion using the information provided in the Submission). The potential winner must accept the Prize within three (3) business days of notification. Any winner notification not responded to or returned as undeliverable may result in forfeiture of the Prize. The potential prize winner (or if the potential prize winner is a minor, then the parent or guardian of such potential prize winner) will be required to sign and return an affidavit of eligibility and release of liability within five (5) days of notification. In the event of non-compliance with this time period or if the Prize is returned, refused, or returned as undeliverable, then the Prize will be forfeited. No substitution or transfer of a Prize is permitted, except by the Organizer.

    The winner is solely responsible for any local, provincial, state, federal or any other applicable taxes, and any other costs, expenses and fees connected with the Prize. Prizes won by a minor will be awarded to and be in the name of their parent/adult legal guardian who is responsible for any and all applicable taxes, costs, expenses and fees relating to the minor’s Prize.

    The names of the winners will be posted on http://lpv5.launchpartyhq.com, http://www.launchpartyhq.com and/or http://www.strutta.com.

7. VOTING:

Voting starts September 18th, 2008 at 0:01:00 PST and will close on September 22nd, 2008 at 11:59:59 PST (the "Voting Period"). Anyone who registers on www.strutta.com can vote for their favorite Submission during the Voting Period. The Organizer has the right, in its sole discretion, to maintain the integrity of the Contest, including the right to void votes, including, but not limited to, the following reasons:

  • Multiple votes from the same user from different IP addresses;
  • Mechanical or automated entry votes;
  • Fraudulent entry votes (using a redirect link, a disguised link, a fraudulent link, etc.);
  • Technical malfunction of servers or internet connection;
  • User(s) recanting their own votes;
  • Technical or content upgrades that render votes incompatible or inconsistent;
  • Mislabeling of voting parameters;
  • Users misunderstanding voting parameters; or
  • Inappropriate conduct in promoting votes (spam, harassment, etc.).

8. GENERAL CONDITIONS:

The Organizer has the right to verify your eligibility and compliance with these Contest Rules, and to disqualify you on the basis of its investigation.

Your Submission is conditioned on providing the date of Your Submission on the online registration form.

Your personal data will be processed in accordance with Strutta's Privacy Policy, as set out at http://www.strutta.com/privacy. Strutta and the Organizer may, for an indefinite period, unless otherwise advised, use your personal data for promotional, marketing and publicity purposes, including sending electronic messages to you. You should direct any request to access, update, or correct your personal information to Strutta.

You may not enter with multiple e-mail and/or street addresses, nor may you use any other device or artifice to submit more than one (1) Submission. If you use fraudulent Submission methods, or otherwise attempt to participate with multiple e-mail and/or street addresses under multiple identities, or use any device or artifice to enter more than one (1) Submission, you will be disqualified. In the event of a dispute as to any Submission, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the Submission. For the purposes of these Contest Rules, the authorized “account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.

Nothing contained in these Contest Rules shall be construed to: (i) give any Party the power to direct and control the day-to-day activities of the other; (ii) constitute the Parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow you to create or assume any obligation on behalf of the Organizer.

By entering the Contest, you fully and unconditionally agree to and accept these Contest Rules and the decisions of the Organizer and the Judges, which are final and binding on all matters relating to this Contest.

Liability Provisions

Strutta is not responsible for human error, theft, destruction, or damage to Submissions, or other factors beyond its reasonable control.

You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Submissions. The Organizer makes no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in Your Submission.

The Sponsors shall not be liable to a winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Sponsors unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Sponsors’ control.

Strutta, the Organizer and the Sponsors, and their employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies (the “Released Parties”) shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, Internet Service Provider (ISP), the Site or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failures or difficulties; the incorrect or inaccurate capture or failure to capture information whether caused by Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, Submission, or other information; the failure to capture any such information; or errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest, theft, loss, destruction or damage to the Submissions, in whole or in part, or other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site.

CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS AND THE ORGANIZER AND STRUTTA RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.

LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING A SUBMISSION, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR SUBMISSION, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED ACTIVITY. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.

9. CHOICE OF LAW:

These Contest Rules shall be governed by and construed in accordance with the laws of the Province of British Columbia, and the laws of Canada, as applicable herein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes of action with the Organizer arising out of or connected with this Contest, other than the determination or validity of claims, shall be resolved individually, and exclusively by arbitration under the British Columbia International Commercial Arbitration Centre, in accordance with its rules, as amended from time to time. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees. You hereby waive all rights to: (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses; and (ii) to have damages multiplied or otherwise increased.

10.

Organizer: Launch Party Vancouver, PO Box 63024 6020 Steveston Hwy Richmond BC V7E 2K8
Grand Prize Sponsor: Bootup Labs, 375-350 Water Street, Vancouver, BC V6B 5C6
People's Choice Sponsor: Fasken Martineau, 2900-550 Burrard Street, Vancouver, BC V6C 0A3

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