Design-A-Gobo Program

OFFICIAL RULES
  1. Eligibility
    1. Employees, officers, directors, as well as their immediate families, of Apollo or Blue Pony Digital, Inc. are not eligible to enter this Program.
  2. Program Description
    1. This Program provides the opportunity for individuals to have their pattern design(s) included in Apollo's library of standard. The focus of this Program is on the ability of an individual to design a projection pattern used to create lighting effects. Any submitted design(s) must be original in nature.
  3. How to Submit
    1. To enter this Program, complete all required fields of the official entry form. The entry form cannot be submitted until all required fields are completed, including the check box accepting all program rules. Incomplete entry forms will not be considered.
    2. Artwork of the design(s) must be uploaded to the Apollo website using one of the following file types: AI or EPS vectored artwork or high resolution JPG, PSD, or TIFF. Artwork should be a minimum width of 66mm. File size cannot exceed 3 MB.
    3. Submissions will be accepted for metal, black & white glass, grayscale glass, and colored glass. When submitting colored glass artwork, Pantone® colors are required as part of the file. Otherwise, Apollo will select the closest color match.
    4. Apollo reserves the right to modify the submitted artwork in order to support production capabilities.
    5. All entries must be in keeping with the image of Apollo and may not be offensive, nor can any entry defame or invade upon the publicity rights or privacy of any person or entity or otherwise infringe upon any personal or property rights that any other person or entity may have. Any entry deemed, in the sole discretion of Apollo, to be offensive, to be defamatory, or to have the possibility of invading or infringing upon any publicity, personal or property rights will not be considered for purposes of this Program.
    6. All entries must not include logos, names of persons, company names, etc.
    7. Any entries which are deemed, at the sole discretion of Apollo, to be incomplete, or to otherwise fail to comply with these Official Rules will not be considered for purposes of this Program.
    8. Entrants may submit multiple designs.
    9. Entrants are required to name their pattern/artwork submission(s). However, Apollo reserves the right to change the submitted name if it is either too close to a current pattern or is of questionable or offensive content.
    10. All entries, including any and all documents, photos, drawings, designs, etc. submitted therewith become the property of Apollo and will not be returned.
  4. Acceptance and Notification
    1. All eligible and timely entries will be considered by Apollo. Each entrant will be notified if their submission(s) has been accepted or rejected.
  5. Compensation
    1. Designing entrants will receive the following:
      • Their personal name on the pattern.
      • Inclusion in Apollo's library of patterns as shown in its product catalog, posters, website, and other marketing materials.
      • Apollo will pay annually a royalty equal to 5% of net sales of the design (Apollo’s final net selling pricing) commencing from the date the designed pattern was placed on the Apollo website. The term of this Agreement shall be for a period of 5 years from the date hereof.
  6. Representation and Warranties
    1. By entering this Program, each entrant is representing and warranting that they are the original author of any and all ideas, submissions, entries and/or materials submitted. Modifying, enhancing or altering any ideas or materials of, or created by, any third party does not qualify as an original idea, entry or submission.
    2. By entering this Program, each entrant is representing and warranting that their entry or submission will not, and does not, infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or any rights of publicity or privacy. Apollo reserves the right to refuse to consider or review any entry or submission for actual or potential violations of or infringements upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
    3. By entering this Program, each entrant is representing and warranting that their entry or submission is not the subject of any known or threatened litigation, arbitration, mediation, other dispute, or any governmental action.
    4. By entering this Program, each entrant is representing and warranting that their entry or submission does not contain any illegal content, is not obscene, offensive, libelous, defamatory, pornographic, abusive, or otherwise objectionable, or would give rise to any liability whatsoever, or constitute a violation of any federal, state or local law, rule or regulation.
    5. By entering this Program, you are agreeing to protect, indemnify, defend, and hold harmless Apollo, its officers, directors, agents, and employees from, for and in any and all disputes, actions, proceedings, claims, demands, losses, damages, or expenses, including attorney’s fees, that any third party or other entity may have or choose to bring in consequence of, or arising in any way out of, any violation or breach of the above representations and warranties.
  7. Conditions of Participation
    1. By entering this Program, you agree to be bound and abide by each and every rule, provision, term, covenant and condition contained in these Official Rules, and you further agree to abide by the final decisions made by Apollo in regards to this Program.
    2. By entering this Program, you agree to release and hold harmless Apollo and its officers, directors, agents, and employees, from any and all disputes, actions, proceedings, claims, demands, losses, damages, or expenses, including attorney's fees, that you, or any third party, may have or choose to bring in consequence of, or arising in any way out of, your entering this Program, your participation in this Program, or from any acceptance, possession, use, or misuse of any prize awarded or participation in any prize-related activity.
    3. By entering this Program, you are agreeing to consent to, and grant, Apollo and its agents or designees, the right and permission to reproduce, capture, use, utilize, distribute and/or publish, for any purposes and through any means whatsoever, your submissions, entries, likeness, image, voice and/or name. By entering this Program, all entrants further agree and understand that said submissions, entries, likeness, image, voice, and/or name, as well as any product, item or other chattel produced related to such, may be recorded, broadcasted, exhibited, modified, altered, marketed, sold, distributed and/or reproduced in any medium and/or form, for advertising, publicity and/or promotional purposes, without additional compensation, except where prohibited.
    4. By entering this Program you are agreeing to assign any and all copyright, patent, trademark, trade secret or other proprietary rights or any rights of publicity or privacy you may have in any and all ideas, submissions, entries and/or materials submitted.
  8. General Provisions
    1. With respect to computer entries, Apollo is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Apollo reserves the right at its sole discretion, to disqualify any individual (and his/her entry) that tampers with the entry process.
    2. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMIND THE LEGITIMATE OPERATION OF THE APOLLO DESIGN-A-GOBO PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, APOLLO RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ALL ATTORNEY FEES, COURT COSTS AND OTHER EXPENSES.
    3. Apollo is not responsible for any typographical or other errors in the printing, the offering or the announcement of compensation.
    4. By entering this Program you hereby agree that any and all disputes and/or causes of action which cannot be resolved between the parties arising out of or connected with this Program, shall be governed by the laws of the State of Indiana without giving effect to any principles of conflicts of law of any jurisdiction and that the venue for any suit, action or proceedings with respect to this Agreement shall be the Superior Court of Allen County, Indiana, or the United States Federal Court for the Northern District of Indiana, Fort Wayne Division.
    5. By entering this Program you hereby agree that any and all disputes and/or causes of action which cannot be resolved between the parties arising out of or connected with this Program shall be resolved individually, without resort to any form of class action. By entering this Program, you are also agreeing that you hereby waive all right to claim punitive, incidental or consequential damages or any other damages, including attorney fees, and under no circumstances, will you claim, or be permitted to obtain awards for, any punitive, incidental or consequential damages or any other damages, including attorney fees. If any provision of these Official Rules shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision or part of a provision of these Official Rules; but these Official Rules shall be reformed and construed as if such provision had never been contained herein, and any such provision shall be reformed so that it would be valid, legal and enforceable to the maximum extent provided.
  9. Confidentiality
    1. For information about how Apollo Design Technology, Inc. uses your personal information, please see its privacy policy located at http://www.apollodesign.net/privacy.aspx.