NO PURCHASE NECESSARY TO ENTER OR VOTE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void where prohibited or restricted by law.
BY PARTICIPATING IN THIS AWARD PROGRAM AS AN VOTER, NOMINEE, OR NOMINATING PARTY, YOU FULLY AND UNCONDITIONALLY AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THIS AWARDS PROGRAM AND DO NOT SUBMIT A NOMINATION OR VOTE.
1. DESCRIPTION OF THE AWARDS: The Oracle Database Developer Choice Awards (“Awards”) invites members of the Oracle community to recognize the participation, contribution, and leadership of individuals in the Oracle Database Developer community. Community members may nominate candidates (including themselves) by submitting online nomination forms available on OTN. Panels of expert judges will select finalists from the pool of eligible Nominees based on their respective community contributions. Those selected finalists will be listed on an Awards voting page, where OTN members can vote for Nominees. The Awards will open on June 21, 2015, and close on October 15, 2015. Winners will be announced at Oracle OpenWorld 2015 at the Yes SQL! event. Oracle is the sponsor of the Awards ("Sponsor").
Criteria used by the panels to determine the finalists include, but are not limited to, presenting at Oracle sponsored events, presenting at Oracle User Group events, participating in the Oracle Community Platform, authoring a book or publishing other material such as creating and delivering training curriculum, publishing articles, and writing blogs.
The Awards recognize contributions in five categories:
- Oracle REST Data Services
- Oracle Application Express
- Database Design
2. ELIGIBILITY FOR VOTERS, NOMINATING PARTIES AND NOMINEES: The Awards program is open to individuals only. Nominations and votes must each be submitted by (in the case of Nominating Parties or Voters) or about (in the case of Nominees) an individual who is 18 years or older and a member in good standing of the OTN community at the time submission. Residents or citizens of the province of Quebec in Canada, the country of Italy, and any country under US embargo during the Awards Period are not eligible to participate as Nominees. In addition, persons in any of the following categories are not eligible to participate as Voters or Nominees: (a) employees or agents of Sponsor and its parent, affiliate and subsidiary companies (collectively “Sponsor”), or of Sponsor's participating advertising and promotion agencies, and prize suppliers; (b) immediate family members (defined as parents, children, siblings and spouse, regardless of where they reside) and/or those living in the same household as any person in (a) above; (c) Oracle ACEs or ACE Directors who will serve on an expert panel for the selection of Finalists (c) employees, officers, or officials of any government entity, including, but not limited to, any person acting in an official capacity for or on behalf of any national, state, provincial or local government, or any department or agency thereof; and (e) employees of any company that has a policy against and/or legally prohibits participation in the Awards or the awarding of a prize/award/benefit to an employee.
3. AWARDS PERIOD: The Awards Period is June 21 to October 15, 2015 and is comprised of 3 periods: The Nomination Period begins on Sunday, June 21, 2015 at 6:00 am (all times are Pacific Time) and ends on Monday, August 21st at 11:59 PM. The Selection Period, during which the expert panels will choose the finalists for voting, runs from Monday, August 15, 2015 at 3:00 PM through September 15, 2015 at 2:59 PM. The Voting Period opens September 15, 2015 at 3:00 PM and closes on October 15, 2015 at 3:00 PM. Sponsor’s clock is the official time clock for the Awards. IMPORTANT NOTICE: EACH VOTER AND NOMINEE IS RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN HIS/HER RESPECTIVE GEOGRAPHICAL LOCATION.
To nominate a candidate (a “Nominee”), including yourself, go to <Oracle Database Developer Choice Awards> ("Website") and (1) fill out a nomination form for an Award. Enter all required information and submit the nomination. (2) You (the “Nominating Party”) will be prompted to login and need to utilize your OTN credentials. Once logged in, upload the completed form (“Nomination”). (3) As part of the Nomination, you will provide a short description telling us why your nominee should win the award. Please note that upon submission, you relinquish all rights to that description provided in step (3) and Oracle may choose to publish your nomination text, in whole or in part.
Alternative methods of nomination are not accepted. Incomplete nominations will not be considered.
Each submission, including any article, case study or other supplemental material, will be considered one Nomination. Nominations, including case studies or articles, must be in English. You may submit multiple Nominations in multiple categories. Subject to all of the other terms in these Official Rules, you may receive assistance from others in developing your Nominations. Nominations may not contain:
· Trade secrets or other information that is inappropriate to share with the general public.
· Copyrighted materials (whether registered or unregistered) that are owned by third-parties, without permission from the copyright owner(s).
· Trademarks owned by parties other than Sponsor or the Nominee or Nominating Party submitting the Nomination (whether registered or unregistered), without permission of the trademark owner(s)).
· Information that defames, misrepresents or contains disparaging remarks about Sponsor, Sponsor’s products, any person, company or product.
· Messages or images inconsistent with the Sponsor's brand and company.
· Content that violates any country, federal or state law.
5. LICENSE GRANTED IN NOMINATION:
By participating in the Awards, each Nominating Party and each Nominee grants Sponsor a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable, and non-exclusive license to use, reproduce, copy, adapt, publicly perform, communicate to the public, make available and publicly display any Nomination in whole or in part, on Sponsor's web and social sites and/or in other marketing promotions related to Sponsor, its products and services and/or this Awards in any and all media, now or hereafter devised, worldwide in perpetuity, without additional compensation, notification or permission, unless prohibited by law. All information collected from Nominations shall be deemed collected and judged in the United States.
6. SELECTION OF FINALISTS:
Between the closing of Nominations on August 21st, 2015 at 11:59 p.m. Pacific Time, and September 15, 2015, a panel of expert judges for each category selected by Sponsor and comprised of Oracle employees, Oracle ACEs and Oracle ACE Directors will review all submitted Nominations. The panels will then select a set of Nominees that qualify as Finalists in each Category. The Finalists will be posted on the OTN Community Platform page for voting on September 15, 2015. Voting will close on October 15, 2015 at 3:00 PM.
To be considered as a Finalist, an Nominee must:
1. Have a membership and profile on the OTN Community platform.
2. Truthfully meet the description of accomplishments as noted in the Nomination.
7. VOTING. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO VOTE.
A. HOW TO VOTE. To vote in the Categories, visit the Website during the Voting Period stated in Section 3 above and follow the directions to vote for your favorite Nominees from the Award categories. All votes are subject to the voting conditions stated below.
B. VOTING CONDITIONS. Each Voter that meets the eligibility requirements to vote stated in section 2 above will have a set number of votes for each OTN Awards Category. Once you submit all of your votes, your vote is final. You may not vote again or change your vote.
All voting will be subject to verification and certification by an independent third party auditor. No automatic, programmed, robotic or similar means of voting are permitted. Participants who do not comply with these Terms and Conditions, or who attempt to interfere with the voting process or the operation of the Website or the conduct of the Awards in any way will be disqualified and their votes will not be counted. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend voting should any virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the voting process. All decisions regarding the voting process shall be final and shall not be subject to challenge or appeal.
8. SELECTION OF WINNERS:
After voting closes on October 15, 2015, the votes will be counted, and the Finalists with the three highest vote totals in each Category will be deemed potential winners. Potential winners will be confidentially informed on October 16, 2015. Winners will be announced during the Yes SQL! event at the Oracle OpenWorld 2015 San Francisco conference.
When Sponsor notifies potential winner(s), each potential winner will be provided an Affidavit of Eligibility and Publicity Release ("Affidavit"). A Nominee will not be announced as an award winner without successful completion and signing of this Affidavit. If Sponsor is unable to reach a potential winner or if the Affidavit is not properly completed and returned to Sponsor, or if an award notification is returned as non-deliverable, or if a potential winner is found not to have complied with these Official Rules in any way, the award will be forfeited and an alternate winner will be selected. Potential winner(s) have 2 business days from receiving the Affidavit to return the completed Affidavit in order to receive their award(s).
9. AWARD WINNER BENEFITS:
Each of the 5 Categories will have up to 3 winners based on popular voting. Prizes are non-monetary benefits, as recognition is the basis of the award. Winner benefits will be:
1. Feature Profile on the OTN Community Platform
2. Feature Profile in the OTN Database Community Newsletter
3. Inclusion in a feature story in Oracle Magazine
4. Oracle Developer Choice Badge on the OTN Community Platform
5. Award points on Community Platform
6. Commemorative Plaque or Certificate
All properly claimed benefits will be awarded provided a sufficient number of eligible Nominations are received, but in no event will the Sponsor award more benefits than are provided for in these Official Rules. No substitutions of benefits allowed, in whole or in part, except Sponsor reserves the right to substitute a benefit of comparable significance if a benefit becomes unavailable. All taxes and expenses associated with the benefits are the responsibility of the winners.
10. CONDITIONS OF PARTICIPATION AND WINNING: By participating in the Awards promotion, Voters, Nominees and nominating parties agree to be bound by the terms of these Official Rules and by the decisions of Sponsor and the judges, which are final and binding on all matters pertaining to the Awards. Sponsor reserves the right to modify or terminate the Awards promotion at any time and at its sole discretion. As between Sponsor and a Nominee or Nominating Party, the intellectual property rights to a Nomination, if any, will remain with the Nominating Party, subject to the license grant herein, except that these Official Rules do not supersede any other assignment or grant of rights according to any other separate agreement between Nominating Party and other parties. Acceptance of a benefit constitutes permission for, and a winner's consent to, Sponsor and its agencies to use Nominee’s name and/or likeness and Nomination for advertising and promotional purposes without additional compensation, unless prohibited by law. A Voter, Nominee or Nominating Party may be prohibited from participating in this Awards if, at Sponsor’s sole discretion, it reasonably believes that the Nominee, Nominating Party or Voter has attempted to undermine the legitimate operation of the Awards by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other participants, Sponsor or Sponsor's associated agencies. Any false information provided within the context of the Awards by any Nominating Party or Nominee concerning identity, email address, postal address, telephone number, ownership of right or non-compliance with these Official Rules or the like may result in the immediate elimination of the Nominee from the Awards. Sponsor further reserves the right to disqualify any Nomination 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. Benefits are conditioned on verification that Sponsor's provision, and Nominee's acceptance, of a benefit, complies with all applicable laws, regulations, and/or rules of Nominee's nation, state or province, locality and/or employer.
11. Release/Disclaimer of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BY PARTICIPATING, NOMINEES, NOMINATING PARTIES, VOTERS, FINALISTS, POTENTIAL WINNERS AND WINNERS (“RELEASING PARTIES”) WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THE RULES, AND RELEASE, INDEMNIFY AND HOLD HARMLESS, AND AGREE TO KEEP INDEMNIFIED AND HELD HARMLESS, SPONSOR AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASED PARTIES") AT ALL TIMES FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS, DEMANDS, COSTS OR EXPENSES OR ANY LIABILITY OF ANY KIND (A) RESULTING FROM OR ARISING FROM PARTICIPATION IN THE AWARDS OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF PRIZE(S)/BENEFITS THAT MAY BE AWARDED; OR (B) FOR OR IN RESPECT OF WHICH RELEASED PARTIES WILL OR MAY BECOME LIABLE BY REASON OF OR RELATED OR INCIDENTAL TO ANY ACT, DEFAULT, OMISSION BREACH OR NON-OBSERVANCE, WHETHER NEGLIGENT OR OTHERWISE, BY A RELEASING PARTY UNDER THESE OFFICIAL RULES.
Benefits are provided "as is" without warranty of any kind from Sponsor, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local law or regulation. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Awards or in the announcement of a benefit. Each Nominee or Nominating Party also waives and releases Released Parties from any and all claims that Nominee or Nominating Party may now or hereafter have in any jurisdiction based on "moral rights" or "droit moral" (including without limitation any limitation any rights or claims under the Visual Artists Protection Act (17 USC section 106A)) or unfair competition with respect to Sponsor's exploitation of Nominationswithout further notification or compensation to Nominees or Nominating Parties of any kind, and use of Nominee or Nominating Party's likeness. Released Parties are not responsible for electronic transmission errors in the Awards resulting in omission, interruption, deletion, defect, delay in operations or transmission. Released Parties are not responsible for theft or destruction or unauthorized access to or alterations of Nominations, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. If for any reason the Awards is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, disruption or termination of the public website for any reason or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Awards, Sponsor reserves the right at its sole discretion to immediately cancel, terminate, modify or suspend the Awards. Sponsor reserves the right to disqualify any individual who tampers with the Nomination process. CAUTION: Any attempt by an individual to deliberately damage any web site or undermine the legitimate operation of the Awards 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 individual to the fullest extent of the law.
12. dispute resolution/CHOICE OF LAW: 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 Awards are hereby excluded, and any Nominee or Nominating Party expressly waives any and all such rights. Nominees or Nominating Parties agree that these Official Rules and the Awards are governed by the laws of California, USA, without regard for conflicts of law doctrine of any jurisdiction. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. Any and all claims, judgments, and Awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Awards, but in no event attorneys’ fees. Nominees or Nominating Parties hereby waive all rights to 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, including for willful patent infringement.
14. INDEMNITY: To the maximum extent permitted by law, each Nominee or Nominating Party indemnifies and agrees to keep indemnified Sponsor harmless at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which Sponsor will or may become liable by reason of or related or incidental to any act, default or omission by a participant 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 Nominee or Nominating Party.
15. 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.
16. WINNERS LIST: For the winners' names, go to <Oracle Database Developer Choice Awards> on or about October 28, 2015. A link to the results will be provided on the main index page. The Winner List will be available for a period of at least ninety (90) days thereafter.
17. SPONSOR: Oracle, 500 Oracle Pkwy., Redwood Shores, CA 94065.