Doodle 4 Google Malaysia Terms and Conditions

This Doodle for Google (the “Contest”) is run by Google Malaysia Sdn Bhd Level 20 Axiata Tower, 9, Jalan Stesen Sentral 5, Kuala Lumpur Sentral, 50470 Kuala Lumpur, Malaysia. (“Google”).

CONTESTS OPEN TO INDIVIDUALS:

To enter this Contest, you must read and agree to these terms and conditions (“Terms”). By entering the Contest, you agree that these Terms will apply to you.

1. Eligibility:

1.1 To participate in the Contest and be eligible for entry, the following conditions must be satisfied throughout the duration of the Contest. You must:

a. be a resident of the Malaysia.
b. not be: (i) resident of US embargoed country, (ii) ordinarily resident in a US embargoed country, or (iii) otherwise prohibited by applicable export controls and sanctions programs from participating in the Contest, or (iv) a wholly or partially state-owned entity or an employee of the government or of a government-controlled entity.
c. be (i) enrolled in junior kindergarten, senior kindergarten, or kindergarten, as applicable ("Early Education") or in a private or public primary or secondary school (grade 1 to grade 12) or a homeschool (grade 1 to grade 12) in Malaysia; (ii) have obtained a parent's or legal guardian's prior permission. Contest is void where prohibited by law. Google reserves the right to verify eligibility and to adjudicate on any dispute at any time. Employees, interns, contractors, and official office-holders of Google, and its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents as well as members of the Jury (collectively, the "Contest Entities"), and members of the Contest Entities' immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest.

1.2 You may only submit one entry to the Contest.

1.3 All determinations of eligibility will be made at Google’s sole and absolute discretion. Google reserves the right to verify eligibility and to adjudicate on any related dispute at any time. No correspondence will be entered into.

2. How to Participate::

2.1 You must:
Visit the Contest website located at https://doodles.google.com.my/d4g/ ("Contest Site") during the Contest Period and follow the instructions that appear on the official entry form ("Entry Form") for:

(a) submitting a doodle that reflects Entrant's creative interpretation of the Google logo as it relates to the Contest theme "Celebrating Malaysia’s Diversity" ("doodle");
(b) completing all information on the Entry Form before submitting; and
(c) submitting a supporting statement of fifty (50) words or less and a title for Entrant's doodle that is based upon the Contest theme. Entry Forms can only be submitted by parents, guardians, teachers, non-profit leaders, and afterschool programs on behalf of Entrants. The doodle and supporting statement must meet the "Doodle Requirements," described in Section 6 of the Rules.
(d) DOODLE REQUIREMENTS: The doodle and supporting statement must meet the following criteria ("doodle Requirements"):
(i) They must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
(ii) They must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, provincial, or local laws and regulations including the laws or regulations in any province or territory where the doodle and supporting statement are created.
(iii) They must not contain any content, material or element that displays any advertising, slogan, logo, and trademark or otherwise indicates a sponsorship or endorsement by any commercial entity or that is not within the spirit of the Contest.
(iv) They must be original, unpublished works that do not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
(v) They cannot contain any content, element, or material that violates a third party's publicity, privacy or intellectual property rights.
(vi) The doodle is not the subject of any actual or threatened litigation or claim.
(vii) The Entrant does not include any disparaging remarks relating to the Sponsor or a third party.
(viii) If two-dimensional, the doodle is scannable (e.g. no videos or GIFs). If three-dimensional, please make sure to take a photograph and enter the photograph rather than the original.

During the Contest Period, the Sponsor, its agents and/or the Jury will be evaluating the doodles and supporting statements to ensure that they meet the doodle Requirements. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who does not meet the Eligibility Requirements set forth in Section 2, or who submits a doodle or supporting statement that does not meet the doodle Requirements. Incomplete entries or entries not complying with these Rules are subject to disqualification.

Once the Entry Form is fully completed, it should be signed by a parent or legal guardian. The form can either be printed, signed and then submitted virtually via email to d4gmy@google.com or submitted as a hard copy by mail to the address below. If printing, please print on a light coloured A4 sized sheet of paper.

To submit an entry in hard-copy form, the entry must be mailed in an envelope (packaged carefully so it won't be damaged) with proper postage affixed, to the following mailing address:

Attn: Doodle 4 Google Malaysia
Level 20, Axiata Tower, No. 9 Jalan Stesen Sentral 5
Kuala Lumpur, Malaysia, 50470

Entries received without a completed Entry Form or without a parent's or legal guardian's signature will be disqualified.

LIMIT ONE (1) ENTRY PER ENTRANT. Subsequent entries will be disqualified. To be considered for the Contest, entries must be: (i) complete (as determined by Google); (ii) received by July 31st, 2017 11:59pm (GMT+8); and (iii) in English or Malay. Any submission not meeting the aforementioned criteria will be disqualified. Google accepts no responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused. Proof of mailing does not constitute proof of entry. All entries will be deemed made by the Entrant submitted at the time of entry. NO PURCHASE NECESSARY TO ENTER OR WIN.

All data provided through the registration process must be complete and correct.

3. Key Dates:
Contest begins at 12:00am UTC+8 on June 1st, 2017 and ends at 11:59 pm UTC+8 on July 31st, 2017
("Contest Period").

4. Determining the winner:

4.1. One winner will be selected by our panel of judges. The winner will be the person who the judges determine:

(a) Artistic Merit: based on age group, drawing skills and use of colour.
(b) Creativity and originality: based on the representation of the "Celebrating Malaysia’s diversity" theme, use of the Google logo, and the unique approach to the doodle.
(c) Theme communication: based on how well the theme is expressed in the artwork and the supporting statement.
(d) Adherence to the Doodle Requirements and these Rules.

Submissions will be divided into four "Age Groups" for judging:
(a) 7-9 years old
(b) 10-12 years old
(c) 13-15 years old
(d) 16-17 years old

Using the above Criteria, there will be three (3) levels of judging by the Jury that will result in finalists at each of the following levels: "Age Group Finalists", "Age Group Winners", and a "National Winner" as described in further detail below.

Level One: Age Group Finalists

Number of Age Group Finalists selected at this level, based on receiving the highest overall scores from the Jury: 12

Level Two: Age Group Winners

Number of Age Group Winners Selected at this Level, based on receiving the highest overall scores from the Jury: 4

From among the Age Group Finalists, a total of four (4) Winners will be selected by the Jury based on receiving the highest overall scores from the Jury, to advance forward as Age Group Winners in the Contest comprising one (1) Winner per Age Group.

The judging at Level One and Level Two will be comprised of two components: (i) public voting via the Contest Site; and (ii) the Doodle 4 Google Malaysia Jury. First, the public will vote on the doodles. Online public voting will last from August 7th, 2017 12:00pm (UTC+8) to August 17th, 2017 11:59pm (UTC+8). Actual date and times are subject to change without prior notice. At the completion of the public voting period, the Jury will consider the amount of votes that each of the 12 Age Group Finalists received, and assign a score to each Age Group Finalist under the Criteria. They will then select, the 4 Age Group Winners, one from each of the 4 Age Groups, based on the highest overall scores received.

Tie-breaker:In the event of a tie at any level of judging, the Jury will reevaluate the tied doodles according to the Criteria until the tie is broken. The tied doodles will be put up for a re-vote by the Jury at the respective level until the tie is broken.

Decisions of the judges are final and binding. In the event there are not enough eligible entries, not all prizes will be awarded. If a potential winner is unable for whatever reason to accept their prize, then Google reserves the right to award the prize to another entrant.

Notification of Finalists and Winners: Becoming a finalist is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. If a potential finalist or winner is disqualified for any reason, the doodle that received the next highest total score will be chosen as the potential finalist or winner, as applicable. The Age Group Finalists and Age Group Winners will be selected and notified by telephone and/or email. If a potential finalist/winner does not respond to the notification attempt within three (3) days from the first notification attempt, then such potential finalist/winner may be disqualified and an alternate potential finalist/winner will be selected from among all eligible entries received based on the judging Criteria described herein. With respect to notification by telephone, such notification will be deemed given when the potential finalist/winner or potential finalist/winner's parent or guardian engages in a live conversation with Sponsor or when a message is left on the potential finalist/winner's voicemail service or answering machine by the Sponsor, whichever occurs first. Except where prohibited by law, each potential Age Group Finalist/Winner may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential finalists/winners must return all such required documents via fax (or as otherwise instructed) within forty-eight (48) hours and via Malaysia Post within seven (7) days following attempted notification or such potential finalist/winner will be deemed to have forfeited the prize and another potential finalist/winner may be selected based on the judging Criteria described herein. In the event the potential finalist/winner is a minor, his or her parent or legal guardian must sign the documents and return them as described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced.

5. Prizes:

The winner will have:
Their Doodle design shown on the Google homepage on September 16th, 2017 (the “Prize”).

5.2. The Entrant, their guest or parent or legal guardian if Entrant is a minor, must sign a travel release prior to traveling. Winner and guest must travel together at the same time on the same itinerary. All travel arrangements must be made through Sponsor. The trip portion of the prizes will consist of economy-class airfare for the Entrant and one (1) of their parents or legal guardians from a major airport that is the closest to the winner's residence to a Kuala Lumpur area airport; hotel accommodations for one night in Kuala Lumpur area at Sponsor's discretion; and transport to and from the airport, and from the hotel to the event in Kuala Lumpur area. Airfare, hotel accommodations, and transport will be arranged at Google's discretion - certain blackout dates and travel restrictions may apply. Winners are responsible for transport from their home to and from the airport and any other incidentals or expenses. Once trip dates have been booked, no change, extension or substitution of trip dates is permitted, except at Sponsor's sole discretion. No extension or change of trip dates permitted. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or similar items once they are in winner's possession, or in the possession of winner's guest. If the winner lives within 100 kilometers of prize destination city, the air transportation portion of the prize will not be awarded and ground transportation will be substituted and no additional compensation will be provided. Winner and guest must possess valid ID and are solely responsible for obtaining all necessary and required travel documents (passport, etc.) in order to travel. The Contest Entity shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Contest Entities shall not be liable for any loss or damage to baggage.

If you are a winner, you will be responsible for any other expenses and travel costs not expressly set out above, including, but not limited to: any costs associated with obtaining a passport or visa, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees and taxes.

5.3. All decisions by Google regarding Prize winners are final and binding and no correspondence will be entered into.

6. Notification of Winners and Winners’ Obligations

6.1. If you are a winner, Google will notify you that you have won a Prize by sending an email to the address you provided on entry to the Contest August 25th, 2017.

6.2. Google reserves the right in its reasonable discretion to substitute equivalent Prizes of equal or greater value. No cash equivalent of Prizes can be claimed.

6.3. You may be required to submit a declaration of eligibility in order to receive a Prize.

6.4. Google is not responsible for lost, late, misdirected, mutilated, incomplete and illegible entry materials, or for electronic transmission errors, theft or destruction or unauthorized access to or alterations of entry, technical malfunctions of any kind. Entries are void if they are in whole or in part incomprehensible, incomplete, damaged, irregular, altered, counterfeit, produced in error, forged, mechanically reproduced or obtained through fraud or theft.

6.5. Google will not be liable for unsuccessful efforts to notify you if you are a winner. If you decline a Prize, do not respond to the Prize notification within 7 days of the notification being sent, fail to claim the Prize in the manner specified, are unavailable for Prize fulfillment, fail to abide by these Terms or are ineligible, Google may select an alternative winner from all remaining participants.

6.6. The Prize may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. If you are a winner, you will bear all responsibility for use of the Prize in compliance with any conditions imposed by the Prize manufacturer, and any additional costs associated with its use, service, or maintenance.

6.7. If you win a Prize, you will be solely responsible for ensuring that you comply with any applicable tax laws and filing requirements.

6.8. Prizes are non-transferrable. You may not sell on or give away a Prize to other persons.

6.9. Names of winners will be available by sending an email to d4gmy@google.com up to one month after the Contest Period.

7. Privacy

7.1. You acknowledge that Google may collect, store, share and otherwise use personally identifiable information provided during registration for the Contest. Google will use this information for the purpose of the Contest only and will process any such personal information in accordance with its Privacy Policy (http://www.google.com/policies/privacy/).

7.2. Your information may also be transferred to countries outside your country residence, including the United States. Such other countries may not have privacy laws and regulations similar to those of your country of residence.

7.3. You have the right to request access, review, rectification or deletion of any personal data held by Google in connection with the Contest by emailing Google Malaysia at d4gmy@google.com or writing to use at:

Attn: Doodle 4 Google Malaysia
Level 20, Axiata Tower, No. 9 Jalan Stesen Sentral 5
Kuala Lumpur, Malaysia, 50470

8. Intellectual Property Rights

8.1. As between Google and you, you retain ownership of all intellectual property rights (including moral rights) in and to any content submitted by you as part of your entry into the Contest. By submitting an entry into the contest, you grant Google, its subsidiaries, agents and partner companies, an irrevocable, worldwide, royalty-free, and non-exclusive licence for the duration of any intellectual property rights in the entry to use, reproduce, adapt, communicate, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display your entry into the Contest (1) for the purposes of allowing Google and the judges to evaluate the you entry for purposes of the Contest and identifying winners to the public.

8.2. You promise that you are entitled to any intellectual property rights in your entry and that you have not copied your entry, in whole or in part, from any other existing work.

9. Right To Cancel, Modify Or Disqualify

9.1. If for any reason outside Google’s control, the Contest is not capable of running as planned (which may include tampering, unauthorized intervention, fraud, technical failures, printing errors, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest), Google may, at its sole discretion, cancel, terminate, modify or suspend the Contest.

9.2. Google may, acting reasonably: (a) disqualify any participant who tampers with the submission process or any other part of the Contest or whose conduct is contrary to the spirit of the rules or the intention of the Contest and declare void any or all of their entries based on such conduct; or (b) declare void any entries resulting from any errors materially affecting the result of the contest or the number of entrants.

10. Limitation of Liability & Disclaimer of Warranties

10.1. Nothing in these Terms will exclude or limit the liability of Google or its affiliates for:

a. death or personal injury as a result of the negligence of Google or its affiliates, servants, agents or employees;
b. fraud or fraudulent misrepresentation; or
c. any other liability that may not be excluded or limited under applicable law.

10.2. Subject to clause 9.1, Google shall not be liable under or in connection with this Contest (whether in contract, tort (including negligence) or otherwise) for any:

a. indirect or consequential losses;
suffered or incurred by you (whether or not any such losses were or were not foreseeable or within the contemplation of the parties).

10.3. Subject to clause 9.1(b), and to the extent permitted by law, all warranties, conditions or terms, express or implied, relating to the Prize, its use, value or enjoyment, including (without limitation) its satisfactory quality or fitness for purpose, are excluded, with the exception of any standard manufacturer's warranty that may apply to the Prizes.

10.4. Subject to clauses 9.1 and 9.2 Google's total liability to you under or in connection with this Contest (whether in contract, tort (including negligence) or otherwise) is limited in aggregate to USD 10,000.

11. Severability

If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions will remain in full force and effect.

12. Governing Law and Jurisdiction

(a) ALL CLAIMS ARISING OUT OR RELATING TO THIS AGREEMENT OR ANY RELATED GOOGLE PRODUCTS OR SERVICES (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA’S CONFLICTS OF LAWS RULES.
(b) The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it must be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules").
(c) The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA.
(d) Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in this Agreement.
(e) Subject to the confidentiality requirements in Subsection (g), either party may petition any competent court to issue any order necessary to protect that party's rights or property; this petition will not be considered a violation or waiver of this governing law and arbitration section and will not affect the arbitrator’s powers, including the power to review the judicial decision. The parties stipulate that the courts of Santa Clara County, California, USA, are competent to grant any order under this Subsection (e).
(f) The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.
(g) Any arbitration proceeding conducted in accordance with this Section will be considered [Confidential Information under this Agreement's confidentiality section] [confidential information], including (i) the existence of, (ii) any information disclosed during, and (iii) any oral communications or documents related to the arbitration proceedings. The parties may also disclose the information described in this Subsection
(h) to a competent court as may be necessary to file any order under Subsection (e) or execute any arbitral decision, but the parties must request that those judicial proceedings be conducted in camera (in private).
(i) The parties will pay the arbitrator’s fees, the arbitrator's appointed experts' fees and expenses, and the arbitration center's administrative expenses in accordance with the Rules. In its final decision, the arbitrator will determine the non-prevailing party's obligation to reimburse the amount paid in advance by the prevailing party for these fees.
(j) Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.