Rules and Regulations | The Earth Awards

RULES & REGULATIONS 2010

1. PURPOSE OF THE EARTH AWARDS:
The Earth Awards seeks to foster and encourage the development of commercially viable design solutions. As set forth below in the Submission Guidelines (“Submission Guidelines”), Contestants will be allowed to submit their solutions to enter and will be judged. One (1) winner will be selected to receive a grand prize and up to five (5) finalists will be selected to receive runner-up prizes.

2. ELIGIBILITY:
The Earth Awards Contest (“Contest”) is open to English speaking individuals, companies, partnerships and teams (“Contestant”) all of whom are the age of majority in their jurisdiction at the start of the Contest and who meet the additional requirements set forth in these Official Rules. Residents of Burma, Cuba, Iran, Libya, North Korea, Sudan, Cote D’Ivoire, the Republic of Congo, the province of Quebec, and wherever else the terms of this contest are prohibited are not eligible. Only one prize will be awarded to any winner, regardless of the number of individuals on a team.

Individuals who are under any contract that would prohibit Sponsor for the use or display of their submission at any point during or after the Contest, or those who cannot meet all of the Submission Guidelines outlined below, are not eligible to enter.
3. SPONSOR:
The Contest is sponsored by NYC, Inc. 561 Orange Ave, Los Altos, CA 94022 (“Sponsor”). Employees, majority shareholders, officers, directors, agents, representatives of Sponsor, or the promotion and advertising agencies of any aforementioned entity, and their immediate family members and those living in their household, and each person or entity connected with the production or administration of the Contest, and each parent company, affiliate, subsidiary, agent and representative of any aforementioned entity are not eligible.

4. CONTEST DATES:
Contest begins at 9:38am Eastern Standard Time on March 3, 2010 and ends at 11:59 pm Pacific Standard Time on May 10, 2010, according to Sponsor’s internal time clock. Please review entire rules to determine Entry deadlines, which are earlier than completion of Contest.

5. HOW TO ENTER:
Contest is subject to these official rules (“Official Rules”). To enter, create your entry (“Submission”) according to the Submission Guidelines as outlined below. Then, log into http://www.theearthawards.org and complete the online entry form and upload your entry, following the instructions on the landing page. Note that you must designate a contact person if your Submission is entered by anything other than a single person. You will be asked to select one of six (6) categories, listed below, in which to enter your Submission. Sponsor will not verify Submissions nor will Sponsor return Submissions. After final verification of winners and finalists, Submissions may be destroyed and will not be returned. You may enter any number of ideas in any number categories but you may not make the same Submission more than once, regardless of category. ALL SUBMISSIONS MUST BE RECEIVED NO LATER THAN 11:59PM ON May 10, 2010 According to Sponsor’s internal time clock.

6. CATEGORIES:

Contestants may enter a unique Submission in any or all Categories. Submissions may only be entered once (Contestants may not enter the same Submission into more than one category).

BUILT ENVIRONMENT – buildings and structures
FUTURE – Visionary products and concepts
PRODUCT – Physical objects that are useful and respond to a market need
SYSTEMS – designs focused on process to optimize operations, engineering services, or strategies.
SOCIAL JUSTICE – designs/concepts that improve economic and social conditions
FASHION – designs that will be worn buy a consumer

7. JUDGING AND NOTIFICATION:
Judging of all qualified entries will be done in 3 rounds, by distinct panels of qualified judges, and Sponsor staff members, who comprise industry experts and/or specialist in various relevant fields. No judge has a stake in the outcome of the winner.

Pre-Round Screening. All Submissions will be subject to pre-round screening in which each Submission will be reviewed for completion as well as general relevance to the category and overall topic. All Submissions that successfully pass through the pre-screening round (“Qualified Submissions”) will move on to Round One.

ROUND ONE:

Sponsor Judges will judge all Qualified Submissions for a possible maximum score of 150 points, based upon the following criteria:

Category Relevance (up to 50 points)
Creativity (up to 50 points)
Originality (up to 50 points)

Any Submissions with tie scores will be rescored. UP TO 25 Qualified Submissions in each category will move to Round Two. In the event that under 10 Qualified Submissions have a minimum score of 113 points, only those Qualified Submissions that have at least 113 points will be considered Round One Finalists and move to Round Two.

No judge shall have decision making authority for any Qualified Submission in which that judge either has a financial or other reasonably calculable stake in the outcome of the product, or who served as a consultant, teacher, mentor, or consultant.

ROUND TWO:
In Round Two, all personally identifiable information relating to the Round Two Finalists shall be removed. All Round One Finalists will have their Qualified Submissions judged again, by a second panel of qualified judges.

Round Two Finalists’ Qualified Submissions will be judges for a possible maximum score of 400 total points based upon the following criteria:

Usefulness (up to 100 points)
Scalability (up to 100 points)
Achievability (up to 100 points)
Measurable Success (up to 100 points)

The Round Two Finalist with the highest score in each category in Round Two shall be the Category Winner. In the event that no one in a particular category achieves a score of at least 340 points, that category shall not be awarded a winner. All Category Winners shall proceed to the Final Round.

FINAL ROUND:
Category Winners will be notified on, or around August 3, 2010, at the email address provided on the entry form. Winner will have up to 72 hours to respond via email and confirm their intention to claim their Category prize and to affirm their ability to attend the Final Round, to be held in London. Category Winners (up to two natural persons in the event of a team effort, but at least one) must be able to travel to London (Heathrow) from the nearest major airport, and plan to attend the Final Round in person. Attending the Earth Awards Gala directly following the Final Round is optional. If Winner notification is returned as undeliverable for any reason, status as Finalist and Prize Winner may be forfeited and the Submission with the next highest score will be chosen as the Category Winner

Judging of the Final round will be in-person. Each Category Winner will have to defend its Submission against the other Category Winners and prove that its Submission is the most Ecological, for a maximum score of 100 points. The Category Winner with the most points shall be deemed the winner. Any judge on the Final Judging Panel who may benefit from the awarding of the Grand Prize to a particular Category Winner shall abstain from voting, and an alternate judge will be substituted. In the event there is a tie, the winner will be decided based upon which Qualified Submission has the greatest total points in the previous rounds.

8. SUBMISSION GUIDELINES::
In addition to the other terms and conditions contained in these Official Rules, your Submission must be an original work of authorship, created by you, the person (or persons) who has/have registered as the Contestant. Submission must be in Sponsor’s sole discretion, contain sufficient technical or explanatory details, including but not limited to financial requirements and projections, so as to provide a complete analysis of your idea. Your Submission must be in English, You must provide at least 3 digital photographic images (jpeg) of your invention. Each photographic image file (“Image File”) or document uploaded may be no less than 600 x 800 pixels in size and no greater than 2 MB. You may also provide .PDF documents of other aspect of your Submission, including technical drawings, graphs, charts, diagrams, budgets, or renderings, which shall not be greater than 10MB per file. You may add videos not to exceed ten minutes in length or 50 MB in size in .MOV .FLV or .AVI format, but the inclusion of videos will not give any Submission an overall advantage over Contestants who do not provide videos. All Submissions must be submitted through the Earth Awards Submission portal online, which is located at http://www.theearthawards.org/portal, we will not accept mailed submissions. Sponsor recommends, but does not require, that Contestant procure proper intellectual property protection for their Submissions. Sponsor is not responsible for legal protection of Submissions. Sponsor may request evidence that Submission is an original work within the meaning of U.S. law at any time during or after the Contest Period. If, in the sole discretion of Sponsor, Contestant’s work appears to be an infringement under U.S. law, Sponsor will disqualify Submission. Each Contestant hereby indemnifies Sponsor and the judges against any and all loss, damages or liability that they might incur by reason of any breach or alleged breach of this paragraph or these Official Rules.

9. INTELLECTUAL PROPERTY:
Submissions remain the property of Contestant and Sponsor treats Submissions as being eligible, under U.S. Copyright law, to be entered in this Contest. Contestants recognize that many entries may be similar in nature and Sponsor’s determination of winning “Submissions” is final. Contestants are solely responsible for protecting the intellectual property of their Submission. By entering the Contest, Contestants grant to Sponsor a license to review the Submissions during judging, as well as use them for publicity purposes as outlined herein. Contestants also grant Sponsor the right, but not the obligation, to provide all Submissions to venture capital partners for their review.

10. LICENSE:
As a condition of entering Contest, Sponsor shall retain a perpetual non-exclusive royalty-free license to use Submissions for any purpose whatsoever, short of product commercialization, without any additional compensation and to display Submissions and/or any prototype thereof, in any and all media throughout the world for any purpose whatsoever, including without limitation, displaying Submissions and/or prototypes on Internet websites and/or in museums worldwide, including but not limited to museums in London, without any additional compensation, the term of which shall be the entire life of the copyright. Contestant retains all rights to Submission, provided however that Sponsor may make practically necessary changes to Submission to account for proper display. Sponsor shall make commercially reasonable efforts to display appropriate and customary credit lines on any Submission displayed or otherwise featured. Should any Contestant be unwilling or otherwise unable to enter into license, or provide permissions and or releases or otherwise cannot accept or receive the prize for any reason, or, if in the sole discretion of Sponsor, Contestant is not eligible to receive a prize, Contestants with the next highest score may be chosen from the remaining Submissions until one who is able to meet all requirements can be selected. All potential prize winners must provide Sponsor with all signatures on required paperwork and return all documents in a timely manner as required pursuant to these Official Rules in order to be eligible to receive the prize. Contestants may not resell, assign or transfer any of their rights in their Submissions under these Official Rules.

CONTESTANTS WILL NOT BE PAID FOR THEIR SUBMISSIONS or for granting Sponsor any of these rights.
11. PRIZES.

Up to six people, one Winner in each Category (which may include one individual on a winning team will be flown, coach class, to London, for a two night stay for two at a hotel of the Sponsor’s choosing (standard room accommodations), to participate in the Final Round.

FIVE CATEGORY WINNER PRIZES:

Only one Grand Prize winner will be chosen. The remaining five (5) Category Prize Winners will receive a cash award of $10,000.00.

ONE GRAND PRIZE:
One (1) Grand Prize Winner, chosen from among the Category Prize Winners, shall win the Grand Prize of $50,000 cash, plus an opportunity to meet with and select venture capitalists and/or industry professionals to discuss commercialization of their Submissions.

Prize values are based upon a $1500- average round trip value of an advanced purchase airfare from the major international airport nearest winner’s address located in their original Submission, to London (Winners must arrange for transportation to nearest airport); $350 per night for two for a two night stay in a single room based upon double occupancy; and a per diem meal allowance of $66.00/day per person). In the event air travel is impractical or the distance is less than 200 miles, Sponsor may, at its sole discretion arrange for other method of transportation such as a limousine, train or bus. Winners must arrange for the alternative type of transportation selected by the Sponsor. Winner is not entitled to any difference in prize value for alternate transportation. There is no value associated with the opportunity to meet venture capitalists and/or industry professionals.

The Winner (which may include one individual on a single winning team is responsible for all costs related to the travel prize, including without limitation vaccinations, meals, ground transportation, gratuities, incidental hotel expenses, excess baggage charges, upgrades and any and all federal, state, and local taxes, including special airport taxes and fees, transportation to and from airport and all other expenses not specified as part of prize package are the sole responsibility of prize winner. Choice of airline(s), hotel(s), car rental and/or itineraries shall be at the discretion of Sponsor and/or its prize suppliers. Once airline tickets, hotel reservations, car rental reservations and/or other reservations have been issued, they shall not be changed, re-sold, endorsed, exchanged, transferred or in any other manner modified by the Winners. Traveling winner have all necessary identification and travel documents including valid passport, if applicable, and are responsible for all costs related thereto. The Winners are responsible for obtaining travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that neither Sponsor nor any of its prize suppliers have or will obtain or provide travel insurance or any other form of insurance. If the Winners and potential guest are unable to participate in or accept the prize or any portion of the prize for any reason, Sponsor shall have no further obligation to the Winner and guest. Travel restrictions, conditions and limitations may apply, including but not limited to holiday “blackout” dates. Neither Sponsor nor any of its prize suppliers will replace any lost or stolen tickets, travel vouchers or certificates. Any and all activities related to the prize, including without limitation flying, are at the Winner and guest’s own risk and subject to whatever restrictions are imposed by the entities that govern such activities. Winner must coordinate with Sponsor to arrange travel and all expenses must be approved in advance. In the event that any portion of the Prize is unavailable, either due to inability of Prize Winner to travel or due to the unpredictable nature of the business world or for any other reason, remainder of prize will not be redeemable for cash.

12. CONDITIONS:
By entering this Contest, Contestants understand that their Submissions will be reviewed for commercial viability and that Contestants are not eligible if they (1) are represented under any contract that would limit or impair their ability to commercially exploit the Submissions; or (2) are under any other contractual relationship, or employment agreement that might prohibit them from participating fully in this Contest, or from allowing third parties to Contract with them to commercially exploit the Submissions; or (3) at any time before or during the Contest, have provided their Submission to any entity or third party for any purpose related to exploitation and/or commercialization (including the possibility of commercialization) of the Submission. Sponsor makes no guarantees, explicit or implied, regarding the outcome of any round or the guarantee of any prize. Nothing in this Contest may be construed as an employment contract.

By participating in the Contest, Contestants agree: (i) to be bound by these complete Official Rules and the decisions of Sponsor which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Contest or these Official Rules, except where prohibited by law. By accepting a prize, Contestants agree to release Sponsor, including its parent, subsidiary and affiliated entities together with the respective directors, employees, officers, licensees, licensors and agents, and respective advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Contest, (collectively, the “Releases”) from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of the prize or participation in any prize-related activities.

Contestants shall not take part (or agree to take part) in any media coverage, or make any press releases or other announcements regarding participation in the Earth Awards without the prior agreement of Sponsor. No Contestant shall refer to the Earth Awards or permit it to be referred to by any third party for the purpose of promoting or publicizing any company or business other than Sponsor.

As a condition of accepting any prize, each Prize Winner must sign and return a declaration of eligibility, liability, and where lawful, publicity release, within the time period specified therein, allowing Sponsor to use the Submission, name, likeness, hometown name, winning entry and/or prize information of Finalist as part of that publicity throughout the world, without any compensation or prior review unless specifically prohibited by law.
Travel dates and arrangements are subject to availability and as set forth by Sponsor.

Sponsor reserves the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 50 entries, or receive no entries that have a judged score above the states minimums in these official rules, or due to circumstances beyond its control, including natural disasters. Sponsor may, in its sole discretion, cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Contest. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or any other unfair playing practices of intending to annoy, abuse, threaten, undermine or harass any other players or Sponsor representatives. The internal laws of the State of California will govern disputes regarding these Official Rules and/or this Contest. In the event that Sponsor cancels the Contest, all entrants who have submitted a completed submission on or before the cancellation date, will receive a $25.00 iTunes gift card or prize of equal of greater value.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

13. PUBLICITY.
Except where prohibited by applicable law, the Finalists’ entry and acceptance of any prize constitutes permission to Sponsor to use their Submission, as well as such person’s or his or her guest’s name, photograph, likeness (including non-photographic and simulated), statements, biographical information, voice, and city and state address for any and all promotional or advertising purposes in connection with this Contest and/or the Sponsor’s business operations and product/service offerings, on a worldwide basis and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation of any amount or kind whatsoever.
14. PRIVACY:
All personal information collected by Sponsor will be used for administration of the Contest and in accordance with Sponsor’s privacy policy, which may include commercial email solicitation. Sponsor makes commercially reasonable efforts to comply with the Federal CAN-SPAM Act and entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Any questions regarding privacy matters should be directed to the address set out below. Please refer to Sponsor’s privacy policy located at URL http://theearthawards.org/privacy-policy for important information regarding the collection, use and disclosure of personal information by Sponsor.
15. WINNERS LIST:
For Winner name(s) or Official Rules, log on to http://www.theearthawards.org/. Winner name(s) and Official Rules will be available on the Web Site for 90 days after Winner(s) is finally determined.