OpenSolaris

Community Innovation Awards Official Rules

 NO PURCHASE NECESSARY

• • 1. DESCRIPTION OF THE CONTEST: The OpenSolaris Community Innovation Award Program (“Contest”) is designed to recognize and reward outstanding Entries that make a substantial contribution to the OpenSolaris community and address a societal problem or need through new, innovative and/or high-performance uses of OpenSolaris. Prize Winners will be selected by a panel of judges based on the criteria set forth in these Official Rules.

2. ELIGIBILITY: This Contest is open only to individuals who lawfully reside in the following countries and who have reached the legal age of majority: Argentina, Australia, Belgium, Brazil, Bulgaria, Canada, Chile, China, Czech Republic, Denmark, Finland, France, Germany, Hungary, India, Indonesia, Ireland, Israel, Italy, Japan, Korea, Malaysia, Mexico, Norway, Peru, Poland, Russia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Taiwan, Thailand, Turkey, the Netherlands, the United Kingdom, and the fifty United States and the District of Columbia. Void in Puerto Rico, Province of Quebec, Canada and where prohibited by law. Sponsor reserves the right in its sole discretion to modify the list of eligible resident countries at any time during the Contest Period. Individuals or teams of individuals are eligible to enter. Companies are not eligible to enter. Employees of Sun Microsystems, Inc., and its parent companies, affiliates and subsidiaries, participating advertising and promotion agencies (and members of their immediate family, defined as parents, children, siblings and spouse, regardless of where they reside, and/or those living in the same household) are not eligible. Entrants must also have access to the Internet and a valid email address in order to enter. In the event that an Entry is submitted by a team, all individual members of the team must meet the eligibility requirements set forth herein.

Sun Campus Ambassadors are eligible to participate with the following additional restrictions:

1. Ambassador's participation must be voluntary, and without direction, encouragement, or other involvement from Sun Microsystems, Inc.
2. Ambassadors must not be paid by Sun Microsystems Inc. for any work conducted in conjunction with the Program.
3. Ambassadors may not submit any work that they have conducted for Sun Microsystems, Inc. as part of a Proposal or Project.
4. Ambassadors must work on Proposals and Projects outside of scheduled Sun Microsystems Inc. work hours.
5. Ambassadors may not use any Sun Microsystems Inc. resources to work on a Proposal or Project.

3. HOW TO ENTER: To enter, you must be a participant of the OpenSolaris Community. If you are not a participant of the OpenSolaris Community, you must register as a participant at www.opensolaris.org. Once you are a participant of the OpenSolaris Community, you must register for the Contest by completing the online registration form available at www.opensolaris.org between the dates of March 1, 2008 at 8:00am PST and June 13, 2008 at 11:59pm PST, U.S.. In order to submit an entry, you must agree to the terms of the Sun Contributor Agreement. If you have not signed the Sun Contributor Agreement, go to www.opensolaris.org/os/about/sun_contributor_agreement to sign the Sun Contributor Agreement at the time of entry. If an Entry is submitted by a team, each individual member of the team must be a participant of the OpenSolaris Community, must have registered for the Contest, and must have signed the Sun Contributor Agreement at the time the Entry is submitted or the team’s Entry will be disqualified. Entries must be received between March 2, 2008 at 8:00am PST and June 14, 2008 at 11:59pm PST (the “Contest Period”). The Sponsor’s clock is the official time clock of the Contest. Proof of submission does not constitute proof of receipt. To submit an entry (“Entry), go to http://opensolaris.org/os/project/awards/ and follow the instructions for submitting your Entry. Each individual or team who submits an Entry in accordance with these Official Rules will be deemed an “Entrant.”

If an Entry is submitted by a team, the team must designate one individual member of the team as the team leader for contact purposes only. The team leader shall be responsible for submitting the Entry on behalf of the team and shall designate all members of the team with the Entry submission. The team leader shall also be responsible for setting forth on the registration form the percentage of award that will be distributed to each member of the team. Once the percentages have been set, they cannot be altered. Each member of the team must sign the Entry or such member will not be considered a member of the team.

There is no limit on the number of Entries that may be submitted by any individual or team and no limit on the number of Prizes that may be won by any individual or team.

IMPORTANT NOTICE TO ENTRANTS: ALL TIMES PROVIDED IN THESE RULES ARE PACIFIC STANDARD TIMES IN THE U.S.A.. ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.

4. ENTRY REQUIREMENTS: All Entries must meet the following requirements:

1. The Entry must demonstrate an original and new, innovative and/or high-performance use or uses of OpenSolaris that makes a substantial contribution to the OpenSolaris community by solving any societal problem or need. Any software component(s) included in the Entry must function on an OpenSolaris™ based operating environment. All Entries must be submitted as a compressed archive (such as .zip or .tar.gz) that contains all of the following:
   1. A ‘README’ file that includes:
      1. The name of the original copyright owner and the date of copyright (if any)
      2. A description of the new and innovative use of OpenSolaris and the societal problem or need that is addressed.
      3. Information and instructions required to assemble the Entry contents into a usable form, binary, package, video, or PDF methods are suggested.
   2. All applicable source materials required to re-create the "usable" form and build the applicable environment, such as Makefiles, source code, and XML/LaTeX source. Any Entries with “source materials” that fail to create a “usable form” will be disqualified.
2. All Entries must be in the English language. Registrations or Entries that are in any other language will not be considered.
3. Either code or non-code Entries may be submitted.

5. SUBMISSION GUIDELINES: In addition to the requirements set forth in Rule 4 above, each Entry is subject to and must also comply with the terms and conditions of the Sun Contributor Agreement and with the following guidelines:

1. Entries may not contain any content or material that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, inappropriate or objectionable, as determined by the Sponsor and/or Judges in their sole and absolute discretion.
2. The Entry must be the Entrant’s original work, created solely by the Entrant, and must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any person or entity.
3. The Entry must not contain any personally identifiable information of any person other than the Entrant. Should the Entrant include personally identifiable information about him/herself in his/her Entry, other than contact information accompanied with the Entry, Entrant acknowledges and agrees that such information will be disclosed publicly and Entrant is solely responsible for any consequences thereof.
4. The Entry must not contain any commercial content or logos.

The Judges and/or Sponsor reserve the right to disqualify at any time, any Entry that they determine, in their sole and absolute discretion, does not meet the requirements of these Official Rules or the Submission Guidelines.

6. JUDGING/WINNER SELECTION: All Entries will be judged by a panel based on the following weighted judging criteria. The judging criteria for Code Entries and Non-Code Entries differ and are set forth below.

1. Code Entries:
   1. Usefulness of new solution in addressing a societal need for the end-users and/or the OpenSolaris community (33%), as based on the following factors:
      1. Usefulness of solution relative to other Open Source material
      2. attractiveness to users
      3. ease of implementation
      4. documentation supporting the solution
      5. timeliness to market
   2. Technical difficulty of implementation (33%), based on the following factors:
      1. depth of knowledge required by end user to implement the solution
      2. number of lines of code, functions, and features
      3. quality and cleanliness of code
   3. Innovation (34%), which will be based on the following factors:
      1. impact on market
      2. originality of solution
      3. market potential for adoption
2. Non-code Entries:
   1. Usefulness of the new solution in addressing a societal need for the end users and/or the OpenSolaris community (33%), based on the following factors:
      1. public appeal
      2. usefulness to the community
   2. Quality (33%), based on the following factors:
      1. quality of work (syntax, diction, grammar, editing, visual artwork)
      2. style of writing or artwork
      3. publication readiness
      4. layout, direction, animation
      5. level of professionalism in presentation
   3. Innovation (34%), which will be based on the following factors:
      1. originality of work
      2. interpretation of objective or theme
      3. market potential and market impact

 In the event of a tie in the code or non-code categories, the person among the tied Entries with the highest score in Innovation will be declared the winner. If ties still remain, the highest score in Usefulness of new solution will serve as the next tie breaker. If ties still remain the tied entries will be re-judged on the same criteria. The Judges/Sponsor reserve the right not to award any Prizes, if in their sole and absolute discretion, they do not receive a sufficient number of eligible or qualified entries for the Contest. In the event that more than one entry is received with the same or nearly identical submission, only the first such entry received will be eligible. Decisions of judges are final and binding. Winner(s) will be notified by email, phone or postal mail, at Sponsor’s discretion.

7. PRIZES: The following Prizes will be awarded to the highest rated Entries regardless of category (i.e., code or non-code), provided a sufficient number of Entries are received that are deemed acceptable, in the sole discretion of the judges, under the criteria set forth herein:

1. One (1) Grand Prize: $30,000 awarded in US dollars in the form of a check
2. Three (3) Second Prizes: $15,000 each, awarded in US dollars in the form of a check.
3. Twenty-five (25) Third Prizes: $1,000 each, awarded in US dollars in the form of a check.

 All costs associated with currency exchange are the sole responsibility of the winner. In the event that a Prize is won by a team, that Prize will be awarded according to the percentage distribution set forth in the Entry. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. If Entry is submitted by a team, all taxes are the sole responsibility of each team member of the winning team.

8. CONDITIONS OF PARTICIPATION: Submission of Entry into this Contest constitutes Entrant’s agreement to be bound by the terms of these Official Rules and by the decisions of the Judges and Sponsor, which are final and binding on all matters pertaining to this Contest. Return of any prize/prize notification may result in disqualification and selection of an alternate winner. Any potential winner who cannot be contacted within 15 days of first attempted notification will be disqualified and forfeit any prize to which s/he may be entitled. Potential prize winner may be required to sign and return an Affidavit of Eligibility/Liability & where legally permissible, a Publicity Release within 30 days following the date of first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner. If Entry is submitted by a team, the team leader shall be responsible for obtaining all team members’ signatures on such affidavit and releases. If Entrant is a team, and any single team member fails to comply within this time period, the team’s Entry will be disqualified. Entrants acknowledge and agree that the intellectual and industrial property rights to the Entry, if any, are subject to the “contribution” provisions of the Sun Contributor Agreement. Acceptance of the prize constitutes permission for, and winner’s consent to, Sponsor and Sun and its agencies to use the winner’s name, likeness and/or entry for advertising and promotional purposes without additional compensation, unless prohibited by law. To the extent permitted by law, Entrants agree to hold Sponsor, Sun Microsystems, Inc. and each of its parent, subsidiaries, agents, directors, officers, employees, representatives, and assigns harmless from any injury or damage caused or claimed to be caused by participation in the Contest and/or use or acceptance of any prize won, except to the extent that any death or personal injury is caused by the negligence of the Sponsor. Sponsor and Sun Microsystems, Inc. are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. An Entrant may be prohibited from participating in this Contest if, in the Sponsor’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of this Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, the Sponsor or associated agencies. If Entrant is a team, and Sponsor determines in its sole discretion that any single team member has attempted to undermine the legitimate operation of this Contest, all members of such team may be disqualified, as determined within Sponsor’s sole discretion.

9. NO RECOURSE TO JUDICIAL OR OTHER PROCEDURES: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and any Entrant expressly waives any and all such rights. In the event that the foregoing waiver is unenforceable or prohibited by law, Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, in a state or federal court in Santa Clara, California. Entrants agree that these Official Rules are governed by the laws of California, U.S.A.

10. DATA PRIVACY: Entrants agree that personal data, especially name and address, may be processed, stored and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to check Entrants’ identity, their postal address and telephone number, or to otherwise verify their eligibility to participate in the Contest. Entrants have a right to access, review, rectify or cancel any personal data held by the Sponsor by emailing Sponsor at awards-program@opensolaris.org. If Entrant’s data is not provided or is canceled, Entrant’s Entry will be ineligible. By participating in the Contest, Entrants hereby agree to all personal information uses and disclaimers as explained in Sun’s Privacy Policy. Participation in the Contest further constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and Sun’s general privacy policy at http://www.sun.com/privacy/ and willingness to be contacted by telephone and/or email. If Entrant is a French resident, by entering the Contest such Entrant gives consent to the transfer of his or her personal data outside the European Union in connection with the above purposes, and that such data will be transferred to the United States.

• • 1. 1. WARRANTY AND INDEMNITY: Entrants certify that their Entry is original and Entrant can legally grant the rights set out in the Sun Contributor Agreement. Each Entrant agrees not to submit any Entry that (1) infringes any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; or (2) otherwise violates applicable law in any countries in the world. To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified the Sponsor and Sun Microsystems, Inc. at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified the Sponsor and Sun Microsystems, Inc. at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which the Sponsor or Sun Microsystems, Inc. will or may become liable by reason of or related or incidental to any act, default or omission by an Entrant under these Official Rules including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these official rules by an Entrant.

12. ELIMINATION: Any false information provided within the context of the Contest by any Entrant concerning identity, postal address, telephone number, ownership of right or noncompliance with these rules or the like may result in the immediate elimination of the Entrant from the Contest. If Entrant is a team, and any single team member provides such false information, the single team member who provided the false information may be disqualified. Sponsor further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these official rules.

13. INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Sponsor is not responsible for theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Sponsor is not responsible for inaccurate transmissions of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of the Sponsor. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, disruption or termination of the Contest site for any reason or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest. Sponsor reserves the right at its sole discretion to immediately cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the Entry process. Caution: Any attempt by an Entrant 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, Sponsor reserves the right to seek damages from any such Entrant to the fullest extent of the law. Due to the unique nature and scope of this Contest, Sponsor reserves the right to alter or modify these Official Rules at any time.

14. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

15. WINNER’S LIST: For winners’ name(s), visit www.opensolaris.org on or about August 15, 2008, available for a period of up to 60 days.

16. SPONSOR: The Sponsor of this Contest is the OpenSolaris Community Innovation Awards Project at www.opensolaris.org . Sun Microsystems, Inc., is funding all of the prize awards, however, Sun Microsystems shall have no liability or responsibility in connection with the Contest other than to fund the prize awards specified herein.