OFFICIAL CONTEST RULES, TERMS AND CONDITIONS
Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Kubernetes Engineering Challenge (“Contest”) conducted by Mirantis, Inc. (hereinafter referred to as “Mirantis”) (each such individual in hereinafter referred to as an “Entrant”) agrees to be bound by the terms and conditions provided in these Official Rules Terms and Condition (“Official Rules”), as well as by Mirantis’ interpretations of these Official Rules which are final and binding in all matters relating to this Contest.
1. No Purchase Necessary
No Purchase of Mirantis goods or services are required to enter.
2. Applicable Law (Void Where Prohibited) and Personal Data
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Mirantis in connection with the contest, shall be governed by the laws of the State of California without regard to the conflicts of law principles thereof.
3. Personal Data
Only one entry per person.
People must be at least 18 years old and a citizen of the UK, Canadian or a European Union member to participate.
Only individuals may enter, business entities are not eligible to participate.
Employees, contractors, officers and directors of Mirantis, its affiliates, parent companies, subsidiaries, divisions, suppliers, vendors, distributors and advertising, promotional and judging agencies, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Contest Entities”); independent contractors; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Contest or win any prize.
Tennessee and Rhode Island and French residents may not participate.
5. How to Enter
Only complete entries will be considered. Entries must be submitted via the following URL [https://www.mirantis.com/kubernetes-challenge/] no later than 7/7/2023. Compete entries must showcase your original K8s platform in the following format (“Content”):
A one-page write up explaining your use case and scope, what’s special about it, and what your Bespoke K8s platform looks like.
Results and benefits for users vs a vanilla or “off-the-shelf” K8s platform
A diagram or your architecture
short video clip of a demos will be accepted but is not required.
Your entry is not confidential. Do not upload confidential or proprietary information.
By submitting any Content, you warrant and represent that such Content: (a) is not proprietary or confidential information of your employer or a third party (b) is your original work, (c) has not been previously published, (d) has not been copied from others, (e) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (f) that you have obtained permission from any entity or person whose name, likeness or image is used in the Content, and (g) that publication of the Content via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any entrant whose Content includes names or likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Mirantis’s use of such Content, in a form satisfactory to Mirantis, upon request, prior to award of prize and/or naming of entrant as a winner. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. Mirantis reserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its sole and absolute discretion.
By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place Mirantis or Contest Entities under any fiduciary or other obligation, that Mirantis is free to use and otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by accepting your Content, Mirantis does not waive any rights to use similar or related ideas previously known to Mirantis or Mirantis Entities, or developed by their employees, or obtained from sources other than you.
BY SUBMITTING ANY CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE USED BY MIRANITS AND/OR POSTED ON MIRANTIS’S WEBSITE, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY MIRANTIS, IN MIRANTIS’ DISCRETION. In consideration for your participation in this Contest and for the opportunity to win a prize hereunder, you hereby licenses the Contest Entities, and another authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publicly perform, transmit, have distributed, prepare derivative works of, and promote such Content, as well as any and all rights to inventions and patents that may exist in the work, in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose and without consideration to the entrant. The winner will be required to sign a release form acknowledging this License of rights before receiving their prize
6. Winner Selection
Contests entries will be judged by a panel of (x) Mirantis employees in their sole discretion based on the following criteria:
Originality of the idea
Impact for users and/or the business
Relevance to other similar users and/or businesses
Prize winners will be selected by Mirantis. The decisions of Mirantis and/or such judges chosen by Mirantis will be final. If a winner is unable to be notified for any reason for any amount of time, the applicable prize may be forfeited and awarded to an alternate winner.
Contest Prize: Prize winners will be announced on our about [July 31 2023].
“Showcase your K8s” contest prizes will be as follows:
$10,000 cash award (1st place)
$3,500 (2nd place),
$1,500 (3rd place)
Potential winners are subject to verification, including verification of eligibility. If an Entrant is unable to verify their information, the Entrant will automatically be disqualified and their prize, if any, will be forfeited. Mirantis reserves the right to determine an alternate winner in the event that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable future contest events.
As a condition of participating in the Contest, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, Entrants must execute the official waiver provided by Mirantis and agree to the terms herein, including but not limited to the prize conditions. The potential prize winner's failure to timely return any required forms may result in the potential winner being disqualified and, in such event, Mirantis may select an alternate winner from among all remaining eligible entries, as determined by Mirantis in its sole and discretion.
8. TAMPERING AND DELIVERY DISCLAIMER.
ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT MIRANTIS’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, MIRANTIS AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS MIRANTIS AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST. The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. Mirantis disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Contest; or (5) technical or human error which may occur in the administration of the Contest or the processing of entries.
Mirantis further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Contest, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Contest and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of Mirantis, it is impossible or impractical to complete or conduct the Contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Contest, by any human error which may occur in the execution of this Contest, or any other causes which effect the operation of the Contest or the rules of the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Contest and/or (ii) stop or conclude the Contest at any time without prior notice. Material changes to the Official Rules will be published when practical. In the event of termination of the Contest by Mirantis, Mirantis reserves the right to award any prize(s) in a manner deemed fair and equitable by Mirantis, or not award any prize(s) at all.
Except where prohibited, by accepting a prize, winner(s) grant Mirantis permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
10. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY.
By participating in the Contest, each entrant agrees to release and waive any and all claims of liability against the Contest Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Contest, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Contest and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 9 prior to acceptance of the prize. The Released Parties are not responsible or liable to any Entrant or winner or any person claiming through such Entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control. Upon awarding the prize, Mirantis will have no further obligation to winner.
Any valuation of the prize(s) stated above is based on available information provided to Mirantis, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide Mirantis with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from Mirantis in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
12. CONDUCT AND DECISIONS.
All decisions of Mirantis will be final and binding on all matters relating to this Contest. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Mirantis will interpret these Official Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and Mirantis’s decisions concerning such disputes shall be final. Any reference in these Official Rules or as part of the Contest to Mirantis’s "discretion" and/or any exercise of discretion by Mirantis shall mean in Mirantis’s "sole and unfettered discretion." Mirantis further reserves the right to terminate the Contest at any time for any reason.
13. BINDING ARBITRATION.
Any controversy or claim arising out of or relating to Mirantis Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Mirantis will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Mirantis shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
Mirantis reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Mirantis disclaims any responsibility to notify entrants of any aspect related to the conduct of the Contest. As a condition of participating in the Contest, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Contest constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon Entrant’s fulfillment of all requirements set forth herein.