Last updated on July 20, 2020
These contest rules (the "Agreement"), which define the way the contest (the "Contest") will be organized and conducted, are a legally binding agreement between Quarkly ("we", the "Organizer") and a person who enters a public contest ("you", the "Contestant").
An offer to join the Contest is sent to an unlimited number of people and has all essential conditions, acceptance of which by the Contestant gives it legal effect equivalent to an agreement concluded in writing without signing by the parties and without specifying the person who accepted the contest rules.
Before submitting an application for entering the Contest, we ask you to read the terms of this Agreement carefully. BY CLICKING "SUBMIT" YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND EXPRESS YOUR CONSENT TO THE AGREEMENT TERMS. The application is sent immediately after clicking on the button mentioned above. The sending of the application is considered a complete and unconditional acceptance of the Agreement without any exceptions and/or reservations. Partial acceptance of the terms and conditions of the Agreement is not allowed.
If you do not meet the requirements, have not read, understood, or agree to the terms of this Agreement, you shall not enter the Contest and submit a corresponding application to enter the Contest.
We reserve the right to amend this Agreement by publishing an up-to-date version of the Agreement on this page and inserting the “Last updated” note in that text with the corresponding date of the amendment, or in any other way we deem appropriate. We are under no obligation to send you notifications of such changes. Any changes to this Agreement shall take effect immediately upon publication and shall apply to all cases of taking part in the Contest. If you continue to take part in the Contest after amendments to this Agreement, you shall comply with the Agreement as amended.
All terms and definitions found in the text of the Agreement shall be interpreted in accordance with generally accepted construction rules of corresponding terms in the area of a contest organization and conduct.
1. GENERAL TERMS1.1. Contest objective: create a react component using Atomize (https://atomize.quarkly.io/) for Quarkly (https://quarkly.io/) (“Contest work”).
1.2. The Contest is held in five categories:
1.2.1. Multimedia components (components that allow you to work with video, sound, camera, 3D models. It can be playback, control, recording, etc.).
1.2.2. Animation components (components that allow you to add animation effects to a page. It can be parallax, svg morpher, motion path, lottie import, etc.).
1.2.3. Integration components (components that allow you to exchange data with other services or use them on a page. For example, mailchimp, 123formbuilder, livechat, etc.).
1.2.4. Content components (components that allow you to work with content. It can be a table, accordion, map, modal, carousel, etc.).
1.2.5. Other components (components that are not included in any of the above-mentioned categories).
1.3. Prizes for each category of the Contest:
1.3.1. First place — $100;
1.3.2. Second place — $50;
1.3.3. The additional prize at the discretion of the Organizer if the component is added to Quarkly (https://quarkly.io/).
1.4. Contest Organizer: Quarkly.
1.5. The Contest area is unlimited.
1.6. The Contest is held on the Internet on the official website of the Contest Organizer at https://quarkly.io/contest (“Website”).
1.7. No contest fee is charged for joining the Contest. The Contest is not a lottery or gambling game.
1.8. The Contestants shall be informed by placing the relevant information on the Website or otherwise at the Organizer’s discretion.
2. REQUIREMENTS FOR CONTESTANTS2.1. Persons shall be allowed to enter the Contest if they meet the following requirements:
2.1.1. Have full civil capacity;
2.1.2. Reached the age of 18 years old.
2.1.3. Accept the terms of this Agreement and the Policy of personal data processing.
2.1.4. Send an application for entering the Contest in the form established by the Organizer
2.1.5. A person's participation in the Contest does not violate any applicable law.
2.2. The data specified by the Contestant when submitting an application for joining the Contest shall be current (true) and accurate (correct). In case of any changes in the Contestant’s data after submitting their application for entering the Contest, the Contestant shall notify the Organizer thereof.
2.3. We shall not verify the accuracy and completeness of the data provided by the Contestant and shall not be liable for any losses of the Contestant or losses of third parties due to inconsistency of the information provided by the Contestant with the actual data.
2.4. The Contestant understands and agrees that, at any time, we may request additional information about the Contestant, copies of documents to confirm certain information about the Contestant and we may make any other requests at our discretion.
2.5. Persons who do not meet the requirements for the Contestants are not recognized as Contestants. Violation of requirements to the Contestants identified in the course of the Contest shall result in cancellation of the application for participation in the Contest and withdrawal of the person's status as a Contestant.
3. REQUIREMENTS FOR THE WORKS3.1. The Contest work fulfilled by the Contestant shall be a new creative work fulfilled by the Contestant (or a modified version of a work created earlier on legal grounds). The Contestant shall be the sole owner of the Contest work.
3.2. The Contest work shall not contain and/or use any intellectual property in violation of third party rights. The Contest work shall not be the subject of any other transactions with third parties. Thus, the Contestant shall have all rights to the Contest work sufficient to alienate the exclusive right to the Contest work to the Organizer taking into account that the Organizer shall not be in any way, directly or indirectly, limited in the use of the Contest work at their discretion for an indefinite period.
3.3. The Contest work shall not contain: negative or repulsive kinds of images; scenes of cruelty, violence, bullying, inducement to harm your health, suicide, or the lives and health of others; an insult to honor and dignity, defamatory; propaganda of racial, ethnic, ethnic, religious hatred; propaganda of extremism, terrorism, Nazism, materials with legally prohibited symbols; erotic and/or pornographic materials; demonstration and/or description of the processes of smoking, use of alcoholic products, narcotic or psychotropic substances; calls for illegal actions; obscene vocabulary; unauthorized and/or embedded advertising; information not corresponding to the theme of the Contest; as well as other types of information distribution that are prohibited or limited in accordance with the current legislation of the Russian Federation.
3.4. The format of the Contest works shall comply with the requirements specified on the Website.
3.5. The Contestant may send an unlimited number of Contest works for entering the Contest.
3.6. The Contest works that do not meet the requirements for the Contest works shall not be accepted for joining the Contest. Violation of requirements to the Contest works detected during the Contest shall result in cancellation of the application for joining the Contest and withdrawal of the person's status of a Contestant. The Organizer reserves the right, without prior explanation or notice to the Contestant, to refuse to place the Contestant’s work for joining the Contest / exclude the Contestant’s work from the Contest in the event that their work does not meet the requirements for the Contest work set forth in the Agreement and/or requirements of applicable law. In this case, the Organizer shall take a decision on compliance of the Contest work with the above-mentioned requirements individually and unconditionally.
4. CONTEST RULES4.1. In order to enter the Contest and to be eligible to gain a prize, an application for joining the Contest shall contain the Contest work and be submitted via the application form published on the Website. 4.2. Contest deadline:
4.2.1. The submissions are accepted from 00:00 28.07.2020 to 00:00 28.08.2020
4.2.2. Contest results are summed up from 00:00 28.08.2020 to 00:00 8.09.2020
4.3. Information about the winners of the Contest is placed by the Organizer on the Website.
4.4. After determining the Winner, the Organizer shall contact the Winner via email using the email address that the Winner specified in the application for entering the Contest to decide on the way the Prize will be given to the Contestant.
4.5. The Winner shall individually ensure compliance with the tax legislation and fulfillment of the tax obligations related to receiving the Prize as a result of participation and winning in this Contest.
4.6. The Prize shall be considered unclaimed if the Organizer cannot contact the Winner via the email specified by the Contestant in the application form within 10 (ten) calendar days from the date of sending the corresponding email to the Winner. Unclaimed Prizes shall be received by the Organizer.
4. INTELLECTUAL PROPERTY
4.1. The Service contains trademarks, service marks and domain names that belong to the Administration or third parties. If it is not specified that such trademarks, service marks or domain names belong to a third party, the User should consider that all rights belong to the Administration.
4.2. The Service content including texts, graphic design, logos, images, both as a single unit and composite work, as well as software, are objects of intellectual property of the Administration and third parties and are protected under the copyright and intellectual property rights. Any usage of the Administration’s intellectual property is expressly prohibited without prior written consent.
4.3. The User shall not (and shall not permit anyone to) change, create derivative works, disassemble the Service into component codes, decompile, or otherwise attempt to derive the source code of the Service or any part thereof. The User is fully responsible for such actions under the applicable law.
4.4. The Service used by the User may automatically download and install updates periodically provided by the Administration. Such updates are designed to improve and develop the Service and may be provided in the form of individual bug fixes, enhanced functions, new software modules, or completely new versions. The User agrees to receive such updates (and permits us to provide such updates).
4.5. The Agreement does not provide for the alienation of the intellectual property rights for the Service, except for the limited license, which is granted on the basis of the foregoing. None of the provisions of the Agreement constitutes a cession of intellectual property rights for the Service or a waiver of these rights under the applicable law.
4.6. An unauthorized disclosure of the content and other parts of the Site and Service may result in claims for damages or constitute a violation of the law entailing legal liability.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES5.1. Rights of the Organizer:
5.1.1. In case of any circumstances that prevent the Contest from taking place, the Organizer has the right to temporarily suspend or terminate the Contest at all.
5.1.2. The Organizer has the right to refuse to transfer the prize to the Winner in case it is established that the Winner has violated the terms and conditions of this Agreement.
5.1.3. The Organizer has the right to dispose of the Prize at their own discretion, in case the Winner refuses the prize, as well as in case the Winner does not claims the Prize.
5.1.4. The Organizer has the right at their own discretion, with or without a reason, temporarily or indefinitely, to invalidate participation in the Contest or to exclude specific Contestants from the Contest at any time.
5.1.5. The Organizer has the right to use the Contest work on the terms of the Agreement.
5.2. Rights of the Contestant:
5.2.1. The Contestant has the right to enter the Contest on the terms of the Agreement.
5.2.2. The Contestant has the right to receive information about the terms and conditions of the Contest, to review information about the Agreement amendments on the Website.
5.2.3. The Contestant has the right to withdraw from the Contest at any time by sending a corresponding notification to the Organizer's email address.
5.2.4. In case of recognition of the Contestant as the Winner, the Contestant has the right to claim the Prize or refuse it by sending a corresponding notification in any form to the Organizer's email address. At the moment when the Organizer receives the above-mentioned notification, the Winner loses the right to receive the Prize.
5.3. Obligations of the Organizer:
5.3.1. The Organizer shall conduct the Contest in accordance with the terms and conditions of the Agreement.
5.3.2. The Organizer shall ensure that the Prize is transferred to the Contest Winner. Submission by the Contestant of irrelevant (unreliable) and/or inaccurate (incorrect) data for entering the Contest releases the Organizer from the obligation to transfer the Prize to the Winner.
5.4. Obligations of the Contestant:
5.4.1. The Contestant shall fulfill the Contest work on their own, without illegal borrowing and plagiarism, using their own materials, equipment, and other property necessary for the work.
5.4.2. The Contestant shall not transfer and/or otherwise cede their rights and/or obligations related to participation in the Contest to third parties.
5.4.3. The Contestant shall alienate the exclusive rights to the Contest work to the Organizer from the moment the Contest work is sent to the Organizer.
6. INTELLECTUAL PROPERTY6.1. By sending an application for entering the Contest and a Contest work, the Contestant shall alienate exclusive rights to the Contest work to the Organizer free of charge, as well as exclusive rights to components and elements of the Contest work, and other rights to the results of intellectual activity which are not considered as protected results of intellectual activity in accordance with the law and are transferred to the Organizer together with the Contest work.
6.2. The Contestant does not reserve exclusive rights to use the Contest work any other part of it in any way.
6.3. The Organizer's rights to use the Contest work do not have any territorial limitations (applicable worldwide).
6.4. The Organizer shall not submit a report on the use of the Contest work to the Contestant.
6.5. The moment when exclusive rights to the Contest work are alienated to the Organizer shall come at the moment when the Contestant sends their application for joining the Contest. The application and the Contest work attached to it, which are received by the Organizer are a proper confirmation of alienation of exclusive rights to the Contest work to the Organizer.
6.6. The validity period of exclusive rights alienated by the Contestant to the Organizer under the Agreement shall be equal to the entire validity period of these rights in accordance with the applicable law.
6.7. The Contestant alienates the right for the first publication of the Contest work to the Organizer.
6.8. The Organiser shall ensure publication of the author’s name of the Contest work when publishing the Contest work.
6.9. After receiving the exclusive rights to the Contest work, the Organizer, at their own discretion, may distribute, publish, process, translate, modify, transfer their exclusive rights to third parties under license agreements and agreements on the alienation of exclusive rights, as well as use the Contest work at their own discretion in any way not contrary to the applicable law.
8. LIABILITY OF THE PARTIES8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF INCOME, REVENUE OR PROFIT, DATA, OR BUSINESS INTERRUPTION, TAX PAYMENTS) ARISING OUT OF THE ENTERING THE CONTEST OR IN ANY OTHER WAY IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH THEY ARISE, WHETHER ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, FAILURE TO EXERCISE NORMAL CARE, WHETHER IT IS A PASSIVE, ACTIVE OR IMPUTED ACT) OR OTHER LEGAL BASIS (EVEN IF THE USER HAS NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NO MATTER IF SUCH DAMAGES WERE FORESEEABLE).
8.2. The Organizer is not liable for non-performance or improper performance of its obligations due to failures in telecommunications and power networks, malicious programs, as well as unfair acts of third parties aimed at obtaining unauthorized access and/or breaking down of the Organizer’s software and/or hardware complex.
8.3. These limitations do not reduce or exclude our liability for gross negligence, fraud, or willful, intentional or criminal acts.
8.4. The Contestant shall reimburse us for all damages and costs incurred as a result of the Contestant's breach of this Agreement, any applicable law, or damage caused to third parties.
8.5. In case of claims against the Organizer related to the use of a Contest work and/or dispute right for using the Contest work, the Contestant shall settle them on their own and at their own expense, or shall take part in the proceedings on the side of the Organizer. If the validity of the use and disposal of the Contest work is not proved and the Organizer suffers losses because of it, the Contestant shall make amends for any losses incurred in connection with such claims including payment of fines, compensation, and any other payments.
9. SETTLEMENT OF DISPUTES AND CLAIMS9.1. All disputes and claims are regulated by the provisions of this Agreement. In the event the claim or dispute cannot be settled, the claim or dispute shall be handled according to procedures established by the applicable law of the Organizer’s incorporation country.
9.2. The pre-trial dispute settlement procedure is mandatory for the parties. Before filing a claim arising from the Agreement, a party that believes that its rights have been violated shall submit a written claim to the other party. The claim shall contain the requirements of the interested party and their justification with an indication of the norms of the current legislation and (or) terms of the Agreement violated by the other party.
9.3. Any claims, requests, and other correspondence should be sent to the parties’ email addresses. The Organizer reserves the right to not respond to the claims, requests, or other information sent in a way other than specified above. Claims and requests from persons who cannot be identified on the basis of data provided by Contestants when submitting applications for entering the Contest (including anonymous claims and requests) shall not be considered by the Organizer.
9.4. The claims and requests shall be reviewed within 5 (five) business days from the date of their receipt by the party. The results of claims and requests are sent by email.
9.5. All disputes and claims between the parties shall be handled according to procedures established by the applicable law before the court at the place where the Organizer is located. Filing a joint and/or class actions and claims against the Organizer is not an appropriate and permissible way of protecting the Contestant’s rights by the Contestant. Therefore, the Contestant shall not participate in joint and/or class actions and claims against the Organizer.
10. FINAL PROVISIONS 10.1. Prior to accepting this Agreement, the Contestant shall consult with a qualified professional, if the Contestant has any questions about their legal rights and obligations or does not understand the Agreement terms or the applicable law.
10.2. Any violation of the Agreement terms by a Contestant shall entitle the Organizer to exclude the Contestant from the Contest.
10.3. The decisions that the Organizer makes in cases and in accordance with the Agreement are final and not subject to review. The Organizer shall not comment on the reasons for making such decisions.
10.4. In everything else that is not stipulated by the Agreement, the parties shall follow the applicable law of the Organizer’s incorporation country.
10.5. In the event that any provisions at any part of the Agreement are deemed to be invalid, this will not affect the validity of the remaining Agreement provisions.