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Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. CONTEST IS VOID WHERE PROHIBITED.

1. Description: The Google KML in Research Competition (the "Contest") is designed to promote the creation of KML content and the use of KML to communicate scientific and academic material. Prizes will be award to those individuals and teams who submit the best entires as determined by the judges in accordance with these Official Rules.


2. Sponsor: The Sponsor of the Contest is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043.


3. Binding Agreement: In order to enter the Contest, you must agree to these Official Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Official Rules unless you agree to these Official Rules. These Official Rules form a binding legal agreement between you and Google with respect to the Contest.


4. Eligibility: To be eligible to enter the Contest, you must be at least 18 years old and a resident of one of the following: United States, Australia, Austria, Belgium, Canada, China, Denmark, Finland, France, Germany, Japan, Netherlands, New Zealand, Norway, Poland, Russian Federation, Spain, Sweden, Switzerland, Taiwan, United Kingdom. Contest is void where prohibited by law. Employees and agents of Sponsor, its affiliates, subsidiaries, and any entity involved in the development, production, implementation or fulfillment of the Contest, and the immediate family members (defined as parents, children, siblings and spouse) and persons living in the same household as such individuals are not eligible to participate. You must have access to the Internet and a valid e-mail address in order to enter the Contest.


5. How To Enter: The Contest begins at 12:01 p.m. Pacific Daylight Time (PDT) on September 19, 2008 8:01 p.m. Greenwich Mean Time (GMT) on September 19, 2008) and ends at 11:59 p.m. PDT on Feb 1, 2009 (7:59 a.m. GMT on Feb 1, 2009) (the “Contest Period”).

   You may enter in one of the following categories:

   • College & University Students. If you are a registered student at a college or university ("Student Entrant"), you may enter individually or form a team with up to two (2) other students at your college or university. Teams may not exceed three (3) members total. If you enter as a Student Entrant, you will be required to provide proof of your school enrollment.
   • Non-Students: If you are not a registered student at a college or university, you may enter the Contest as a Non-Student. However, you must enter the Contest individually.
   
   To enter the Contest, visit the Contest website at http://earth.google.com/kml_contest.html, complete the online registration form and upload your entry in the KMZ file format. Only eligible entries actually received by Sponsor before the end of the Contest Period will be considered.


6. Entry Requirements: Entries should strive to communicate scientific data, phenomena, or theory in a way that provides useful information to people familiar with the concepts and also provides educational value to those learning about the material. Data should be referenced whenever possible by providing links to papers or websites where the information was first created.
   
   All entries must be in English. Illegible, unintelligible, incomplete or garbled entries will be disqualified. All entries must represent the original work of the submitting entrant(s), and may not have been previously published or sold. You must have the rights to use or display all the data included in your entry. Entries must be compatible with Google Earth 4.3 and function on a Windows XP operating system. Any network links built into your entry must be accessible from a public internet connection and the availability of those resources is the sole responsibility of the entrant(s). The submission of an entry is solely the responsibility of entrant(s). Automated entries (including but not limited to entries submitted using any bot, script, macro or contest service), copies, third-party entries, facsimiles and/or mechanical reproductions are not permitted and will be disqualified.


7. Conduct: By entering the Contest, entrants agree to comply with and be bound by these Official Rules, which will be posted at the Contest website at http://earth.google.com/kml_contest.html throughout the Contest Period. Failure to comply with the Official Rules may result in disqualification from the Contest. Entrants further agree to comply with and be bound by the decisions of the judges, which are final and binding in all respects. Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to be: (1) tampering or attempting to tamper with the entry process or the operation of the Contest; (2) violating the Official Rules; (3) violating the terms of service, conditions of use or general rules or guidelines of any Google property or service; or (4) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any false information provided within the context of the Contest by any entrant concerning identity, postal address, or ownership of rights in the entry, and/or non-compliance with Official Rules may result in the immediate elimination of the entrant from the Contest. Disqualification or elimination of a Student Entrant will result in disqualification of his or her entire team. Sponsor further reserves the right to disqualify any entry that it believes, in its sole discretion, infringes upon or violates the rights of any third party or otherwise does not comply with the Official Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.


8. Judging and Selection of Winners: Entries will be judged by a panel of experts based on the following judging criteria: (1) overall functionality in Google Earth 4.3; (2) visual appeal; (3) ease of use and understanding; (4) educational value; (5) efficiency of bandwidth usage and efficiency of file size. Entries will be judged against other entries in the same category. In the event that no winning entries are received, no prize will be awarded. Decisions of judges are final and binding. The winners will be announced on or about February 15th, 2009 and will be notified via e-mail.


9. Prizes: The top five (5) entries in each category will receive a prize package that includes: an iPod Touch, a Garmin handheld GPS, and one Google messenger bag. Approximate retail value of each Grand Prize package is US $700. Up to ten (10) prizes will be awarded. Total prize value is US $7000. No substitution, assignment, or transfer of any prize component is permitted, except by Sponsor, who reserves the right to substitute any or all prize components with another prize of equal or greater value. ALL TAXES, FEES, AND ANY APPLICABLE WITHOLDING AND REPORTING REQUIREMENTS ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Any unclaimed Prizes will not be awarded. Limit one (1) prize package per person.


10. General Conditions: This Contest is governed by the laws of the State of California, United States. All federal, state and local laws and regulations apply. By submitting an entry into this Contest, an entrant agrees to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. Return of any prize/prize notification may result in disqualification and selection of an alternate winner. Any potential winner who cannot be contacted within fifteen (15) days of attempted first notification will forfeit his or her prize. Potential prize winners may be required to sign, notarize and return an Affidavit or Declaration of Eligibility, a Liability/Publicity Release, Parental/Guardian Consent Form, and provide any additional information that may be required by the Sponsor within thirty (30) days following the date of first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner. The intellectual and industrial property rights to the Contest submission, if any, will remain with the entrants, except that these terms do not supersede any other assignment or grant of rights according to any other separate agreements between entrants and other parties. As a condition of entry, entrants agree that Sponsor shall have the right to use, copy, modify and make available the submission to the public via Sponsor's websites for any purpose, including but not limited to advertising and promotion of the Contest using screenshots, animations and video clips. Acceptance of a prize constitutes permission for, and winners consent to, Sponsor and its agencies use of winner's name and/or likeness and Entry for advertising and promotional purposes without additional compensation, unless prohibited by law. Sponsor is not responsible for any typographical or other error in the printing of these Official Rules, administration of the Contest, or in the announcement of the prize. In the event a winner/potential winner's employer has a policy which prohibits the awarding of a prize to an employee, the prize will be forfeited and an alternate winner may be selected. entrants certify that their Entry is original and that they are the sole and exclusive owner and rights holder of the submitted Entry and that they have the right to submit the Entry in the Contest. Each entrant agrees not to submit any Entry that: (1) infringes any third-party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; (2) contains lewd, obscene, or pornographic content; or (3) otherwise violates applicable law in any countries in the world.


11. No Recourse to Judicial or Other Procedures: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and any entrant expressly waives any and all such rights. Entrants agree that these Official Rules are governed by the laws of the State of California, United States.


12. Privacy: By entering the Contest, entrants agree to Sponsor's use of personal information as described in Google's Privacy Policy. Entrants further agree that personal data, including name and address, may be processed, stored and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to check Students’ identities, postal addresses, and telephone numbers, or to otherwise verify eligibility to participate in the Contest. Entrants have a right to access, review, rectify or cancel any personal data held by the Sponsor by writing to Sponsor at the address listed below (Attention: Privacy Matters). If the required data is not provided, entrant will be ineligible to participate in the Contest. The data will be transferred into the United States, and, by entering, entrants agree to the transmission, processing, and storage of this personal data in the United States.
    
    For residents of the European Union: Pursuant to EU law pertaining to data collection and processing, you are informed that:
    • The data controller is Google and the data recipients are Google and its agents;
    • Your data is collected for purposes of administration of the Contest;
    • You have a right of access to and withdrawal of your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, write to: Google Inc., Attention: Privacy Matters, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA;
    • Your personal data will be transferred to the U.S.
    
    
13. LIMITATIONS OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH ENTRANT INDEMNIFIES AND AGREES TO KEEP INDEMNIFIED THE SPONSOR AT ALL TIMES FROM AND AGAINST ANY LIABILITY, ACTIONS, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES RESULTING FROM ANY ACT, DEFAULT OR OMISSION OF THE ENTRANT AND/OR A BREACH OF ANY WARRANTY SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH ENTRANT INDEMNIFIES AND AGREES TO KEEP INDEMNIFIED THE SPONSOR AT ALL TIMES FROM AND AGAINST ANY LIABILITY, ACTIONS, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES FOR OR IN RESPECT OF WHICH THE SPONSOR WILL OR MAY BECOME LIABLE BY REASON OF OR RELATED OR INCIDENTAL TO ANY ACT, DEFAULT OR OMISSION BY AN ENTRANT UNDER THESE OFFICIAL RULES INCLUDING WITHOUT LIMITATION RESULTING FROM OR IN RELATION TO ANY BREACH, NON-OBSERVANCE, ACT OR OMISSION WHETHER NEGLIGENT OR OTHERWISE, PURSUANT TO THESE OFFICIAL RULES BY AN ENTRANT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANTS AGREE TO HOLD SPONSOR, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS HARMLESS FOR ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THE CONTEST AND/OR USE OR ACCEPTANCE OF ANY PRIZE WON.


14. Internet: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Sponsor is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Sponsor is not responsible for inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest.


15. Not An Offer Or Contract of Employment: Under no circumstances shall the submission of an Entry into the Contest, the awarding of a prize, or anything in these Official Rules be construed as an offer or contract of employment with Sponsor. You acknowledge that you have submitted your Entry voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Sponsor, and that no such relationship is established by your submission of an Entry under these Rules.


16. Severability: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.


17. Winners List: The names of the prize winners will be available at http://earth.google.com/kml_contest.html on or about February 15, 2009 for a period up to 30 days.