COMPETITION TERMS AND CONDITIONS

Last Revised 24/Aug/2015

 

Jfrog Ltd., its subsidiaries and affiliates (collectively, “Jfrog” or “Company”) welcome you (“Participant/s” or “You”) to our Testimonial Competition available at https://www.surveymonkey.com/r/JFrog-user-manual-site (the “Competition”).

The following terms and conditions govern your participation in jfrog’s testimonial competition on jfrog’s website (the “site”) and/or any other medium at jfrog’s sole discretion. by entering the competition : (at https://www.surveymonkey.com/r/JFrog-user-manual-site), you hereby agree to be bound by the following terms and conditions (the “competition terms”) which include by reference jfrog’s terms of use and privacy policy (at http://www.jfrog.com/home/v_privacypolicy), and to comply with all applicable laws and regulations regarding the participation in the competition and the use of this website. if you do not agree to these terms and conditions, please do not enter the competition.  

ELIGIBILITY. In order to qualify and enter the Competition you must be an individual or company who can form a legally binding contract under the applicable law. You may not enter the Competition if you are under the age of 13, JFrog reserves the right (but has no obligation) to request proof of age at any stage to verify that no minors under the age of 13 are entering the Competition. JFrog may cancel your competition account and exclude you from the Competition if proof of age is not provided or if JFrog suspects that you are under the age of 13. You hereby represent and warrant that you have all right, power and authority to enter into the Competition’s Terms and to fully perform your obligations hereunder.

Employees of Jfrog and their immediate family members and/or those living in the same household or advertising and promotion agencies , are not eligible to participate in the Competition.

COMPETITION DESCRIPTION. The Competition is a skill-based competition, in which developers submit a testimony where they report their use of Artifactory (“Testimony” “Testimonies” “Testimonial”) and fill out all the sections in the Submission Form (“Submission”) through our Site and/or certain social media channels. The Competition will be managed by staff members at JFrog. For purposes of this Competition, developers are limited to submitting one (1) Testimony. The judges will select the grand prize winner from among the Testimonies. The Competition will start on 24th of Aug 2015, and will remain open online until the 10th of Aug 2015 (For purposes of these Competition Terms, all times are Eastern Standard Time (EST) and will allow a worldwide participation. The Submission is free and the winner will receive an Apple watch.

HOW TO ENTER THE COMPETITION. In order to participate in the Competition you must complete the Submission form on our Site and/or certain social media channels. The Submission form includes answering a number of questions in essay form and filling out certain contact information.

 

As a condition for your participation in the Competition and by submitting your Testimonials, you hereby represent and warrant that (i) the Testimony you submitted to the Competition is your original work, does not contain any third party materials, including without limitation any third party copyrighted materials, you are the sole rightful owner of all rights in and to your Testimony including all copyrights, and that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions required to enable your use and to enable the Company’s use of Your Testimony ; (ii) Your Testimonial does not infringe any third party rights including without limitation any intellectual property rights, privacy rights, publicity rights, and you are not aware of any plea, claim or demand, against any and all materials embedded or integrated in your Testimony; (iii) your Testimonial does not contain any language which is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive and fraudulent or illegal, and your Testimonial shall be free of any descriptions of violence and/or sexual behavior; (iv) your Testimonial does not contain advertisements or solicitations of business, whether explicitly or implicitly; (v) you possess all legal authority to enter into these rules and to form a binding legal agreement under any applicable law, and to fully perform your obligations hereunder; (vi) the execution and/or any act of acceptance of these Rules does not and will not violate any other agreement to which you are bound to or any law, rule, regulation, order or judgment to which you are subject; (vii) the information you have and will provide to the Company is full, complete and true; and (viii) you are not an employee, consultant or otherwise engaged with the Company, or any of its advertising and promotion agencies or the immediate family members or a person living in the same household of each.

 

SUBMITTING YOUR TESTIMONY. Your Testimony must be original, JFrog has the right, but no obligation, to remove upon JFrog’s sole discretion any Testimony for any reason, including if JFrog suspects or believes that the Testimony is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise violates any third party’s rights, including intellectual property, based on these Competition Terms. By submitting your Testimony, you are giving JFrog permission to use your responses on any and all JFrog media (e.g. website, articles).

Any Testimonial submitted shall remain the sole property of its respective Participant who submitted it. You hereby grant to Jfrog an irrevocable, perpetual, non-exclusive, unconditional, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, make derivative works of, display, make available to the public and perform the Testimonial via any media formats or channels whatsoever, whether known today or developed in the future, subject to reasonable attribution, per JFrog’s sole discretion. This license allows Jfrog to use the Testimonial for private and commercial use.

You agree and acknowledge that opportunity to submit Your Testimonial to the Competition and your enjoyment of it constitutes the sole and entire compensation regarding the license given by you to Jfrog with respect to Your Testimonial. You agree and acknowledge that this compensation constitutes sufficient compensation for any purpose under any jurisdiction.

You hereby irrevocably and unconditionally waive, to the fullest extent allowable under the applicable law, any of your moral right in relation to the Testimonial including any right of attribution in connection with the Testimonial and any right to preclude alterations, distortions or mutilations of the Testimonial or parts thereof (including so-called “gross” distortions or other mutilations) all subject to Jfrog’s obligation stated above to ask you prior the use of you testimonial. Furthermore, if the applicable law does not allow a full waiver of this moral right under this Agreement, You hereby agree and covenant not to assert against Jfrog, its affiliates, officers, employees, any claim or allegation in connection with moral right in relation to the Testimonial. Notwithstanding, Jfrog, pursuant to its sole discretion, will include with Your Testimonial reasonable attribution to you.

You agree and understand that Your Testimonials and any other information and/or proprietary work You have furnished to Company in connection with Your Testimonial may also be shared with third-parties according to the license given above. Company will do anything reasonable in its power to have any third party protect your privacy but shall not bear any liability for any use by any third party of the Testimonial.

JUDGING. The winning Testimony shall be chosen by specific designated JFrog staff members. JFrog reserves the right to use input of others including but not limited to, users and/or members of JFrogs community. You shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid Ranking, including using any automated means for generating Ranking; or (b) take any actions that may undermine the integrity of the Ranking system. The winning Testimony will be announced on or about December 31th.

WINNERS’ NOTIFICATION. The Developer who submitted the winning Testimony (the “Winner“) will be notified by e-mail at JFrog’s discretion (the “Winning Notification“). Your email will be used only to notify you if you’re a winner, it will not be used for any advertising and/or third party use. The Winner will have to reply providing his full contact details and any other details that may be required by JFrog within 10 (ten) days from the date of the Winning Notification. If the Winner does not reply to such Winning Notification within the said period or the Winning Notification is undeliverable, the Winner will be disqualified and an alternate winning Testimony will be selected based upon the judging criteria. The Prize will be awarded within approximately 60 days of the Winning Notification.

 

PRIZES. The Winner shall be awarded an apple watch (the “Prize”) the Prize is non-transferable. The Winner’s Testimony may be published on the Site. JFrog is not responsible for any damages or injury incurred by the Winner as a result of winning. The Prize will provided “as is” and its distribution or lack of distribution will not inflict any liability on Jfrog regarding the nature and quality of the Prize and will not be considered a part of any contest, partnership, purchase of the Testimonial or compensations of any kind.

CONDITIONS OF PARTICIPATION. This Competition is void where prohibited. Acceptance of a Prize constitutes permission for JFrog to use that winner’s name and Testimony without additional compensation where prohibited by law. By entering this Competition you agree to and hereby release and hold harmless JFrog from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this Competition, or any Prize. If you do not want to grant the foregoing release, please do not enter the Competition.

LIMITATION OF LIABILITY. JFrog is not responsible for any incorrect or inaccurate information, whether caused by Site users or by any of the equipment or programming associated with or utilized in the Competition or by any technical or human error which may occur in the processing of the Testimonies submitted to the Competition. JFrog assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Testimony. JFrog is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating in this Competition. If, for any reason, the Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of JFrog, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, JFrog reserves the right at their sole discretion to cancel, terminate, modify the or suspend the Competition.

GENERAL. These Competition Terms do not, and shall not be construed to, create any partnership, joint venture, employer- employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Competition or use of this Website will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your participation in the Competition or your use of this Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that the process may be served in a manner authorized by applicable law or court rule. If any provision of these Competition Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Competition Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Competition Terms without JFrog’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with the Terms or Use and Privacy Policy (http://www.jfrog.com/home/v_privacypolicy) are the entire terms and conditions between you and JFROG relating to the Competition herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and JFrog. Notices to you may be made via email. Without limitation, you agree that a printed version of these Competition Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Competition Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

You understand and agree that JFrog shall not be responsible and/or liable for any Testimonial and the consequences of participating in the Competition, in any way. Jfrog explicitly reserves the right to remove any Testimonial from its servers without giving any prior notice, at its sole discretion and will not be liable as a publisher or a storage service in any manner.

 

CONTACT INFORMATION

All requests for further information should be directed to:  info@jfrog.com