ZINK Imaging's Zero Boundaries™ Design Competition Rules ("Design Contest Rules")
ZINK Imaging, Inc. ("ZINK" or "ZINK Imaging"), located in Bedford, Massachusetts, is sponsoring the first annual Zero Boundaries™ design competition to challenge established design firms, emerging designers, and students of design to imagine new and innovative solutions that enable and enhance printing with the ZINK™ Technology (the "Design Contest").
1. Registration
Registration is free and opens on April 10, 2009. In connection with your registration, all individuals who participate in the Design Contest (the "Participants") are required to accept and be bound by these Design Contest Rules. Only Participants who click to accept these Design Contest Rules online will be eligible to participate in the Design Contest. Any ambiguities in these rules will be resolved by ZINK Imaging, in its sole and exclusive discretion, and all such decisions will be final and binding.
Participant registration and Submissions will be accepted through June 8, 2009 (the "Submission Deadline"); provided however, that ZINK may, in its sole and exclusive discretion, extend the deadline for accepting Submissions.
2. Electronic Signature Agreement
By selecting the "I Accept" button, Participant is signing this Agreement electronically. Participant agrees that his/her electronic signature is the legal equivalent of Participant's manual signature on this Agreement. By selecting "I Accept," Participant consents to be legally bound by the terms and conditions set forth in these Design Contest Rules. Participant further agrees that his/her use of a key pad, mouse or other device to select an item, button, icon or similar act/action regarding the Design Contest Rules constitutes his/her signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by Participant in writing. Participant also agrees that no certification authority or other third party verification is necessary to validate Participant's E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of Participant's E-Signature or the Design Contest Rules between Participant and ZINK Imaging. If Participant is a member of a Participant team, all Participant team members must electronically sign and accept this agreement electronically. All participants, individuals and team members will be bound by the terms of these Design Contest Rules.
3. The Zero Boundaries™ Design Competition Goal
The ZINK Technology will enable a new category of products that print in a whole new way and take printing to new places. The goal of this Design Contest is to re-imagine printing and its role in the digital world using the ZINK Technology. Whether the design solutions explore existing printing needs in a new way, or envision new contexts and opportunities for printing to add value, this exploration will fuel the future possibilities of this unique technology platform.
4. Participant Eligibility
To be eligible to participate in the Design Contest, all Participants must meet all of the following requirements:
(a) be at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is older;
(b) agree to and accept these Design Contest Rules;
(c) maintain the confidentiality of the Submission and contents thereof both prior to and after submission
of the Submission to the Design Contest;
(d) not be employees or contractors of ZINK Imaging, its advertising agencies, or other companies associated with
ZINK Imaging , or immediate family (spouse, parents, siblings, and children) and/or household members of
such employees or contractors.
Participation is open to professional designers, design students, and design enthusiasts worldwide. Participants may enter the competition as a group (e.g. student design teams, professional design firms) and each member of the Participant team shall be considered an Participant under these Design Rules. One member should fill out the registration form as the primary contact, but each member of the group must be identified on the form. Each member of the team will be required to agree to, accept, and be bound by these Design Contest Rules online. If you plan to submit more than one Submission, you still only need to register once - provided you are entering all the submissions under your original registration construction (see below). You would include the same registration number with your other entries. If you are submitting an entry under different participation constructs (ex. you registered as a design professional (individual) but are also part of a team that is also submitting an entry - OR - you registered as part of a team but you'd also like to submit an entry on your own) - you must register again.
ZINK Imaging reserves the right, in its sole discretion, to disqualify any Participant or Winner from participation in the Design Contest who it finds to be tampering with the Submission process or the operation of the Design Contest, providing false registration information, violating these Design Contest Rules, cheating, disclosing confidential information relating to a Submission, or acting in a disruptive, unfair, threatening, abusive, or illegal manner.
5. Submission Eligibility
To be eligible to participate in the Design Contest, each Submission must meet all of the following conditions:
(a) A Submission may be submitted in either Option 1, Option 2, of both Solutions Options categories by specific reference on the Submission to Option 1 and/or Option 2;
(b) All Submissions must be the sole and independent creation of the Participant, may not contain any ideas, material, or artwork that are owned by third parties or subject to third party Intellectual Property Rights, and may not previously or currently been in production, publication, or exhibition.
(c) If multiple Submissions are submitted by the same Participant (or Participant team), each Submission must be significantly and/or substantially unique. (For example, a change in materials for the same design, without other distinction in user experience, aesthetics, function or innovation, will not be considered unique. If multiple entries by one entrant are not considered to be unique by the judges, the judges shall select only one of the multiple Submissions as an eligible Submission, in their sole and exclusive discretion, based on which Submission the judges consider most appropriate based on Design Contest goals.
Any Submission that contains materials or other items prohibited by United States or other applicable laws, shall be ineligible for participation in the Design Contest.
6. Contents of the Submission
Participants may submit Submissions for one OR both Option 1 and Option 2. Participants are also allowed to submit multiple design concepts for each or both of the Design Solutions.
At a minimum, Participants are required to submit the following:
* The Entry Form for each submission
* Storyboard outlining the problem and the design solution ecosystem
* A computerized rendering of the ZINK-enabled device
Don't forget, entries will be judged by their ability to holistically solve the design challenge. Do not just focus on the device; focus on the entire workflow, output, and solution. Additional submission details are set forth below.
7. Additional Information to Impress the Judges
Participants may submit additional information as part of their Submission to support their entry for either round. Any additional information is almost certain to influence the judging process, so don't be shy about your ideas and creative ways to present them. The more you can show the design solution in a human context, the better your submission will be.
Suggestions for supporting documents are:
* A more detailed essay / storybook on the ideas presented
* More detailed CADD drawings and/or artist's impression or painting
* Physical models
* Videos or films
* Market research results / video footage
* 3D animations of product UI and/or functionality
* Sketches of any noteworthy variations on the device
8. Judging Panel and Awards
Only Submissions that meet all Submission Eligibility requirements and Participant Eligibility requirements will be eligible to receive an Award. ZINK Imaging reserves the right to disqualify any Submission, at any time, for any violation of these Design Rules.
The judging panel will be composed of non-ZINK industry experts and leaders. The panel will be looking to award designs and concepts which best meet the judging criteria mentioned in the Design Competition Brief. The competition will be judged in one round, with blind judging. Once registered, Participants have until the Submission Deadline to complete and submit their design Submissions. Judging will then take place, with all winners being notified within 2 weeks of completion of judging.
Up to three Awards may be granted - a first, second, and third place - for each Option 1 and Option 2 (the "Solution Options"), with any such Participant hereafter identified as a "Winner." Any first place Winner will receive $10,000 for Option 1 and $10,000 for Option 2. For both Solution Options, any second place Winners will receive $1000 each, and any third place Winners will receive $500 each. Honorable Mentions may also be awarded, but with no cash award. ZINK Imaging will use commercially reasonable efforts to engage in the following publicity efforts:
(a) Up to 25 entries may be announced and featured on the ZINK Imaging website, along with other outlets that cover the Design Contest;
(b) Winners will receive publicity via placement on the ZINK Imaging website
(c) ZINK Imaging will issue a formal press announcement and engage in additional press outreach to announce the Winners and their Submission concepts;
(d) Each Winner will receive a display award and a ZINK-enabled product;
(e) Winning Submissions may also be featured in various promotional/marketing materials of ZINK Imaging;
(f) Communications issued by ZINK Imaging relating to the winning Submissions will cite the Winners;
and
(g) Winners may reference the ZINK Imaging logo in connection with references to the Design Context, provided that ZINK Imaging has provided prior written approval for such usage and such references comply with the applicable ZINK Imaging trademark and branding guidelines.
In addition, in the event that ZINK Imaging decides to manufacture a product in the future that is based, in whole or in part, on a Winner's Submission, ZINK Imaging may decide, in its sole discretion, to enter into an agreement with such Winner to provide an additional award, publicity, and/or compensation.
9. Participant Warranties
The Participant represents and warrants that:
(i) Participant is the sole and exclusive creator and owner of the Submission;
(ii) The Submission does not intentionally or knowingly include or infringe any third party Intellectual Property Rights;
(iii) No third party has any license or claim of ownership to the Submission or any part thereof;
(iv) Participant has not, and will not, disclose the Submission, or any confidential ideas contained therein, to any third party;
(v) The Submission does not constitute advertising, promotion, or other solicitation;
(vi) The Submission does not contain or provide any non-public information belonging to a third party other than Participant, without proper authorization;
(vii) The Submission does not involve or encourage illegal activity; and
(viii) The Submission does not contain any software viruses, Trojan horses, worms, time bombs, or other computer code or files designed to disrupt, damage, or limit the functioning of any software and/or hardware.
10. Intellectual Property
ZINK Imaging shall own all Submissions and all Intellectual Property Rights therein, notwithstanding any involvement of or contributions made by any Participants. Immediately upon submission of the Submission to ZINK Imaging and without further consideration, Participant fully and irrevocably grants, assigns and conveys to ZINK Imaging all right, title and interest worldwide in and to the Submission, including but not limited to all moral rights, and all ideas and discoveries conceived, reduced to practice, authored, developed or delivered by Participant (or, if applicable, its employees or contractors ("Personnel")) either solely or jointly with others, during and in connection with the creation and development of the Submission. Participant agrees that it will not seek (and, if applicable, that it will require its Personnel not to seek) any patent, copyright, trademark, registered design or other protection for any rights in any such Submission.
Participant agrees that it shall (and if applicable, shall also require its Personnel to), at ZINK Imaging's expense, take any actions and execute all documents as ZINK Imaging may reasonably require to vest in ZINK Imaging or its nominees the rights referred to herein and to secure for ZINK Imaging or its nominees all right, title and interest in and to the Submission; provided, however, that ZINK Imaging is in no way obligated to protect any Intellectual Property Rights which may exist in the Submission or to publish or use the Submission in any way.
It is each Participant's responsibility to determine whether its employer or academic institution may have any ownership rights in and to the relevant Submission prior to Participant's submission of the Submission.
The extensive design and development work currently being carried out by ZINK Imaging and its partners and/or designees could touch upon or overlap with the same or similar ideas submitted as part of a Submission. Therefore, the Participant acknowledges and agrees that ZINK Imaging and its partners and/or designees, or other Participants, may have created on their own, or may independently create in the future, a design that may be similar or identical to the relevant Participant's Submission. Participant waives any right to assert, instigate, maintain, or authorize any action, claim or lawsuit against ZINK Imaging or its partners and/or designees, in connection with any claim of infringement of Participant's Intellectual Property Rights with respect to the Submission.
The Participant shall immediately upon becoming aware thereof, notify ZINK Imaging of any and all possible or alleged third party claim relating to the Submission, including but not limited to claims of Intellectual Property Rights infringement. ZINK Imaging shall in its sole discretion, have the right to defend, compromise and settle any third party claim relating to the Submission. The Participant shall cooperate fully with ZINK Imaging in connection therewith.
11. Commercial Authorization and Use
ZINK Imaging shall have the right to use the Submission or any portion thereof as it sees fit, without compensation to Participant, without notice, and without restriction, including but not limited to the following actions: (i) change, alter, amend, add to, delete from and otherwise modify the Submission, (ii) assign, transfer, license, or sell the Submission, or otherwise incorporate the Submission or any part thereof into any ZINK Imaging product; (iii) reproduce, encode, store, copy, transmit, publish, post, broadcast, display, and exhibit the Submission in any media throughout the world, without limitation, and without additional review, compensation, or approval from the Participant or any other party. ZINK Imaging shall not be obliged to use, assign, transfer, license, sell, market, produce, publish or otherwise communicate the Submission to any third party, or enter into a commercial agreement with the Participant.
By taking part in the Design Contest, all Participants authorize ZINK Imaging to use the Participant's surname, forename, university name, photo, and likeness for commercial purposes relating to the Design Contest or the Submission, without fee or authorization, although ZINK Imaging is not obligated to do so.
12. No reimbursement or employment
Paticipants are not entitled to any compensation or reimbursement for any costs incurred in the preparation of the Submission. The Participant's participation in the Design Contest does not constitute an offer or guarantee of employment, or a joint venture, or partnership relationship between Participants and ZINK Imaging. In no way are Participants to be construed as the agents or to be acting as the agents of ZINK Imaging.
13. Personally Identifiable Information
ZINK Imaging will use any personally identifiable information Participant voluntarily submits in connection with the Design Contest for the purpose of administering and promoting the competition, and evaluating the Submission. ZINK Imaging will not rent or sell your personally identifiable information and will comply with applicable privacy laws. In case Participant would have any questions with regard to the use of his/her personal data or would want us to correct his/her personal data, please contact info@ZINK.com. Entry in the Design Contest constitutes authorization to transfer personal data to and within the United States for purposes of administration and promotion of the Design Contest.
14. Non-disclosure of Submission
Participant (and, if applicable, its Personnel) shall have no right to disclose or use the Submission, or any portion thereof, for any purpose whatsoever (other than as required to submit the Submission as part of this Design Contest) and shall not divulge to or use for any third party (including, but not limited to, competitors of ZINK Imaging) the nature of or details relating to such Submission or the Submission itself. In the event that Participant discloses any confidential information relating to the Submission to third parties prior to or after submitting the Submission, Participant shall immediately inform ZINK Imaging immediately of the nature and extent of any such disclosure.
15. Releases
By entering this Design Contest, each Participant agrees to and does release ZINK Imaging, its affiliates, and their respective directors, employees, officers, attorneys, agents, and advertising and promotion entities, and any judge or person or entity associated with the production, judging, or administration of the Design Contest, from and against any and all claims, causes of action, liabilities, losses or damages ("Liabilities") arising from or in connection with Participant's participation in the Design Contest or receipt or use of any Award, including, but not limited to Liabilities attributable to: (a) unauthorized human intervention in the Design Contest; (b) technological, transmission, or printing errors related to computers, servers, providers, or telephone or network lines, including but not limited to data corruption; (c) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Submissions; (d) errors in the administration of the Design Contest or the processing of entries; (e) any claim regarding the ambiguity or enforceability of the Design Contest Rules; or (f) injury or damage to persons or property resulting from participation in the Design Contest or acceptance, possession, or use of an Award.
16. LIMITATION OF LIABILITY
ZINK IMAGING SHALL NOT BE LIABLE TO THE PARTICIPANT FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING HEREUNDER, EVEN IF IT HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. ZINK IMAGING'S TOTAL LIABILITY ARISING OUT OF SUIT OR CLAIM LEADING TO ANY LIABILITY TO ANY PARTICIPANT HEREUNDER, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT) OR OTHERWISE SHALL BE $100.
17. Miscellaneous
ZINK Imaging reserves the right to cancel the Design Contest for any reason, at its sole discretion, except as may be prohibited by law. The Design Contest is subject to applicable United States federal, state, and local laws and regulations. This Design Contest is void everywhere such contests are prohibited or restricted by law in a manner inconsistent with these rules, and it is otherwise subject to applicable federal, state, provincial and local laws. No purchase or ZINK Imaging products is necessary; a purchase will not increase your chances of winning. ZINK Imaging's failure to enforce any provision of these Design Contest Rules shall not constitute a waiver of that provision. These Design Contest Rules and all relationships created in relation to the Design Contest will in all respects be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any dispute arising hereunder shall be brought in the courts of the Commonwealth of Massachusetts and Participant consents to the jurisdiction of the aforesaid courts and irrevocably waives any objection that it now or hereafter may have to venue. These Design Contest Rules constitute the entire understanding between ZINK Imaging and Participant with respect to the subject matter hereof.
18. Definitions
For purposes of these Design Contest Rules, the following definitions shall apply:"Intellectual Property Rights" means, to the extent owned or controlled by the granting or transferring party in any country, all relevant (i) copyrights, (ii) mask work rights, (iii) rights to exploit trade secret and other non-public or confidential information, including the right to use and exploit Confidential Information (subject to applicable obligations to keep such information in confidence), (iv) rights under Patents, (v) rights to file patent applications, and (vi) rights under any other form of intellectual property necessary to the conduct, product or
result permitted by the express terms of the license granted. "Patents" means letters patent, pending applications, utility models, rights, licenses and privileges to or under letters patent and utility models in existence prior to the expiration or earlier termination of this Agreement, with respect to which and to the extent to which, and subject to the conditions under which, the licensing party shall have the right to grant licenses, rights and privileges to licensees during the term of this Agreement. "Submission" means any and all materials, concepts, designs, methods, ideas, forms of use and exploitation, data, suggestions, comments, written materials or other communications submitted by a Participant to ZINK Imaging in connection with the Design Contest, including but not limited to the submission materials described in Section 6 and Section 7 of these Design Contest Rules, and any Intellectual Property Rights contained therein.