Please read these Rules before applying for an award from the Accelerating Science Award Program (“Program”). By nominating yourself or accepting a Nomination for an Award, you acknowledge that you are eligible to enter the Program, and that you have read and agree to be bound by these Rules and our and the judges’ decisions related to the Program. There will be three winning Teams that receive a monetary award and Honorable Mentions who will receive recognition. Program details are described more fully below. The “Sponsors” of the Program are the Association of College Research Libraries, the Association of Research Libraries, Co-Action Publishing, Copernicus Publications, Creative Commons, the Directory of Open Access Journals, Doris Duke Charitable Foundation, EIFL, eLife, Hindawi, Health Research Alliance, Howard Hughes Medical Institute, Impact Story, Jisc, Max Planck Society, Mendeley, Microsoft Research, the Open Access Scholarly Publishers Association, Research Councils UK, Research Libraries UK, SPARC, Social Science Research Network, SURF, the World Bank, and major sponsors Google, Public Library of Science, and the Wellcome Trust (collectively and separately, “we”, “our”, or “us”).
NO PURCHASE IS NECESSARY TO PARTICIPATE.
1. PROGRAM DEFINITIONS
“Award” – money and/or recognition received through the Program.
“Honorable Mentions” – the Entries selected by the Program judges to receive recognition but no monetary Award.
“Innovative User” – a nominated person who applied scientific research published through Open Access to innovate in any field and/or to benefit society
“Nomination” a/k/a “Entry” – a Use Case nominated for an Award.
“Nominee” – a person nominated for consideration for an Award.
“Program Website” – asap.plos.org.
“Use Case” and “Work” – the nominated instance of the application of scientific research published through Open Access that is innovative in any field and that benefits society
“Winners” – the three Entries selected by the Program judges to receive a monetary Award.
Innovative Users are eligible for both recognition and monetary Awards. Authors of the research that was made use of by the Innovative User will have their research noted but not receive monetary Awards unless they were also Innovative Users of that research. Persons solely nominating the Work of others are not eligible. All Nominees must be age 18 and older. Nominees who are 18 or older but considered to be minors in their jurisdiction must have permission from their parent(s) or legal guardian to participate in the Program. The Program and these Official Rules are subject to applicable laws and are void where prohibited by law. The Sponsors and their employees, officers, directors, and board members of the Sponsors are not eligible. The Sponsors’ independent contractors, volunteer editors, and authors who publish through them are eligible. No nominated person may be a national or legal permanent resident of Burma, Cuba, Iran, North Korea, Sudan or Syria, or any other country embargoed under U.S. law, or a member of any organization or other entity that may prohibit them from participating in this Program and/or that would restrict, require payment, or otherwise have the right to oppose such person’s participation in this Program.
3. HOW TO ENTER
All Nominations must be made by fully completing the form and submitting any relevant documents required at asap.plos.org. Nominations shall list (a) all Innovative Users responsible for the subject Work, and (b) shall provide links to all research articles or materials upon which the Innovative Users based their Work or otherwise relied. All Nominations must be in English and received between May 1, 2013 at 12:00:00 p.m. (U.S. Pacific Daylight Time) and June 15, 2013 at 12:00:00 p.m. (U.S. Pacific Daylight Time) as recorded on the servers at that website. No Nomination or Nominee that fails to comply with these Official Rules will be considered by the judges for an Award. The sponsors reserve the right to shut off the nomination web page before June 15, 2013 if we receive more nominations than we believe can be fairly and fully screened. Nominees will have fourteen days after they have been notified of their nomination to indicate their acceptance of these Rules on the nomination web page, and if a Nominee has not done so within that time frame, they will be disqualified from the Program. A disqualification of one Nominee on a team will not disqualify the other members of that team, but a disqualification of multiple Nominees on a team may disqualify the whole team at our sole discretion.
4. ONE NOMINATION PER USE CASE
Only one Nomination will be considered for each Use Case. A person may be nominated for different Use Cases.
5. JUDGES’ DISCRETION
All Nominations must meet the judging criteria and requirements set forth in Section 9 hereof to be considered by the judges for an Award. All decisions on and relating to Award selections will be made in the judges’ sole discretion given the Program criteria and requirements.
6. WARRANTY OF LEGALITY; RIGHT TO ENTER
By agreeing to be a Nominee, you represent and warrant that the Work that is the subject of the Nomination: (a) does not violate or infringe any license, patent, copyright, trademark, privacy or publicity right of any person or entity and (b) is not defamatory, libelous, obscene, or otherwise illegal.
7. GRANT OF PROMOTION RIGHTS
By agreeing to be a Nominee, you hereby grant us all necessary rights to publicly write and speak about, and to promote and advertise, your name and likeness, your Work, and other information that is the subject of and/or contained in your Nomination, including if applicable for purposes of selecting and bestowing Awards.
By agreeing to be a Nominee, you agree to indemnify and hold harmless the Sponsors and their respective affiliates, officers, directors, employees, and agents from any and all claims, damages, expenses, costs, attorneys’ fees, and liabilities and related settlements brought by any third party arising out of or relating to (a) the Work or Use Case that is the subject of a Nomination, and (b) your participation in the Program.
9. JUDGING CRITERIA AND PROCESS; REQUIREMENTS FOR CONSIDERATION
Nominations timely received will be screened by one or more of the Sponsors for a determination in our sole discretion as to whether they meet the criteria and requirements in this Section 9. Nominations that pass this screening and that are determined to have the greatest potential for Awards will then be submitted to the judges for consideration for Awards. Any violation of the Program Rules will render the violator ineligible and may also void their Entry.
Nominations are exclusively for those who made Innovative Use, although the research made use of by the winning Innovative User(s) will be noted on the Program website. The judges will consider Nominations according to two primary questions and criteria:
- Did the Nominated Use Case lead to an innovation in any field and/or benefit society as a whole?
- Does the Innovative Use showcase the value of Open Access?
Additionally, for each Nomination, the research that the Innovative User(s) relied upon must have been:
- Published before May 1, 2013, in a peer-reviewed journal or in a repository recognized in the Open Access community. If the innovative use creates a scholarly output, it must be Open Access.
- Made immediately available upon publication and licensed only under CC BY or CC0 terms.
Also, the nominated work done by the Innovative User must have been:
- Complete as of May 1, 2013 or substantially completed but ongoing as of that date.
Three Entries will be selected as winners to receive recognition and an Award of US$30,000. The Innovative Users nominated in each Entry (and who have complied with these Rules) will evenly split the award money. For example, five Innovative Users for a Use Case would split the money five ways, with each receiving one-fifth of the money, or $6,000. Each Entry shall designate one individual to represent that Entry at an event where the winners will be announced (“the Event”), and to travel there at the Sponsors’ expense; if they cannot agree on whom to designate, the Sponsors will make the designation. The research upon which the winning Innovative Users based their Work will also be noted on the Program website, but the authors of the research will not receive award money, although they may attend the Event at their own expense. Honorable Mentions will receive recognition but not award money and will be invited to attend the Event at their own expense.
The total value of the Awards is US$90,000 (3 AWARDS OF $30,000). ALL TAXES, IF ANY, ASSOCIATED WITH RECEIVING ANY AWARD AND ANY TRAVEL EXPENSES TO ATTEND AN AWARD EVENT ARE THE RECIPIENTS’ SOLE RESPONSIBILITY. PAYMENTS TO AWARD WINNERS WILL BE MADE SUB JECT TO THE EXPRESS REQUIREMENT THAT THE RECIPIENT SUBMIT TO US ALL DOCUMENTS REQUESTED BY US TO ENSURE COMPLIANCE WITH ALL APPLICABLE STATE, FEDERAL, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. Award recipients are responsible for ensuring that the tax documentation submitted to us complies with all applicable tax laws and requirements. An Award may be forfeited for failure to provide the documentation we require, which may result in a greater share for the other Innovative Users on your team.
11. AWARD NOTIFICATION AND REQUIREMENTS
We will make reasonable efforts to notify at least one Innovative User for each winning Entry, via the email addresses and/or phone numbers included in the Nomination. If we are unable to reach at least one such person after what we deem in our sole discretion to be a reasonable amount of time and effort, we may disqualify the Entry and select another Entry to receive that Award. Those selected to receive an Award will be required to sign and return [a] an affidavit certifying that they have followed these Rules in full and certifying their eligibility, [b] a publicity release, and [c] possibly other documents we believe are necessary to confirm their eligibility; any failure to return these documents may render that person or the entire Entry associated with them ineligible to receive an Award. Only those Entries selected as winners will be notified of the outcome of their nominations.
12. ADDITIONAL TERMS
The Program and all accompanying information and materials are copyright 2013 by the Sponsors or their affiliates and will be published under a CC BY license. All rights reserved. The Program is void outside the eligible Application jurisdictions, where prohibited by law, and in embargoed countries. You agree that our decisions related to the Program are final and binding. We reserve the right, in our sole discretion, to change these rules or to cancel the Program at any time. We may modify, terminate or suspend the Program if any viruses, worms, bugs, unauthorized human intervention, or other causes beyond our control corrupt or impair the administration, security, or fairness of the Program or the Nomination process. If your Work or Use Case made use of the name or likeness of an individual who is not a member of your Team, you agree to be solely responsible for that use and you agree to indemnify us for any claims relating to such use. You agree that we are not responsible for errors that may occur in the processing of Nominations; any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction, or unauthorized access to or alteration of Nominations; or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, which may occur in connection with this Program, including, without limitation, any errors or problems related to the administration of the Program, the processing, screening or judging of Nominations, the announcement of Award recipients, or the Program-related materials. We reserve the right, in our sole discretion, to disqualify any person who tampers with the Nomination process, the outcome of the Program, or the operation of the Program or the Program Website, or who otherwise acts in violation of these Rules. Any person who acts with an intent to annoy, abuse, threaten, or harass any other person (including actions by you on our message boards) will void all associated Nominations.
13. LIMITATIONS OF LIABILITY
THE SPONSORS AND THEIR AFFILIATED COMPANIES ARE NOT RESPONSIBLE FOR THE UNAUTHORIZED SUBMISSION OR USE OF ANY NOMINATION OR ENTRY OR PORTION THEREOF BY ANY THIRD PARTY. YOU AGREE (FOR YOURSELF AND YOUR AGENTS AND HEIRS) THAT THE SPONSORS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARE NOT RESPONSIBLE FOR ANY LIABILITY, LOSS, INJURY, OR DAMAGE TO PROPERTY OR TO PERSON IN CONNECTION WITH THIS PROGRAM. YOU ALSO AGREE THAT THE SPONSORS ARE NOT RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR REASONABLE ATTORNEY’S FEES OR COURT COSTS DIRECTLY OR INDIRECTLY RELATED TO YOUR PARTICIPATION IN THE PROGRAM, OR BY REASON OF YOUR ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE AWARDS (INCLUDING ANY TRAVEL OR ACTIVITY RELATED TO AN AWARD). NOTHING IN THESE RULES WILL LIMIT ANY RELEASED PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY’S NEGLIGENCE, A BREACH OF THESE OFFICIAL RULES, OR FRAUDULENT MISREPRESENTATION.
14. GOVERNING LAW/DISPUTES
This Program is governed by the laws of the United States and the State of California. As a condition of participating in the Program, you agree, to the extent permitted by law, that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Program, will be resolved individually, without resort to any form of class action, exclusively before a court located in either the City of San Francisco, California or in Santa Clara County, California. IN ANY DISPUTE, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN DAMAGES OR AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES, OTHER THAN THE APPLICANT’S ACTUAL OUT-OF-POCKET EXPENSES SUCH AS COURT FILING COSTS. YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
15. RIGHTS OF PUBLICITY
By participating in the Program, you consent to the worldwide use of your name, biographical information, photographs, videos or likenesses in any manner and in any medium now in existence or later invented for any purpose in connection with the Program, without additional compensation, notification or permission, except where prohibited by law.
16. LIST OF WINNERS AND HONORABLE MENTIONS
A list of the names of the Winners and Honorable Mentions will be posted on the Program website.