NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE CLOUDFLARE PRIOR ART PROGRAM (THE “PROGRAM”). ENTRY IN THIS PROGRAM CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. THESE RULES ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE FEDERAL, STATE, LOCAL AND FOREIGN LAWS AND REGULATIONS APPLY.
SPONSOR: The sponsor of the Program is Cloudflare, Inc., having its principal place of business in San Francisco, California, United States (the “Company”). The Company will conduct the Program substantially as described in these Official Rules. By participating in the Program, each entrant (“you”) agrees to comply with and be bound by these Official Rules as follows:
ENTRY PERIOD: Entry into the Program begins at 9:00AM Pacific Time on May 11, 2017, according to the Company's clock, and will continue for the duration of Blackbird's litigation against Company or when all of Blackbird's patents are invalidated (the "Entry Period"). The company reserves the right to modify any date(s) or deadline(s) set forth in these Official Rules.
HOW TO ENTER: To enter the Program, submit your prior art entry to the Company via the internet at cloudflare.com/priorartsearch/ during the Entry Period. The submission of an entry is solely the responsibility of the entrant. Any proof of receipt (such as confirmation of email delivery) does not constitute proof of actual receipt by the Company. In your submission, you will need to document:
ELIGIBILITY: The Program is open only to natural persons, who are at least eighteen (18) years of age at the time of entry. The number of contestants cannot be anticipated, but is limited to the foregoing individuals. The Company and its affiliates, agents, representatives, officers, directors, shareholders, and employees, including, without limitation, the immediate family members and/or those persons living in the same household of such individuals, are eligible to participate in the Program. However, any person involved in the development, production, implementation, administration, judging or fulfillment of the Program including, without limitation, the immediate family members and/or those persons living in the same household of such individuals, are not eligible to participate in the Program. Affiliates, agents, representatives, officers, directors, shareholders, and employees, including, without limitation, the immediate family members and/or those persons living in the same household of such individuals in any way related or connected to Blackbird Tech LLC or its related entities, are not eligible to participate in the Program. In the event of a dispute as to the identity of an entrant, the entrant will be declared by using the registered account holder of the email account from which the entry was submitted at the time of entry. The registered account holder is deemed to be the natural person who is assigned the submitted email address by the relevant Internet service provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address. With respect to any successful entry, the successful participant may be required to provide the Company with proof that the person is the registered account holder of the email address associated with the successful entry.
PAYMENT: The successful participants in the Program will receive a share in the prior art payments by Company. Company will offer up to $20,000 for prior art that leads to the invalidation of US Patent No. 6,453,335 (the “’335 patent”) and another payment of up to $30,000 for prior art that leads to the invalidation of any other Blackbird patent. We will divide the payments up in the following ways. First, of the $20,000 payment for the ‘335 patent, $10,000 would be guaranteed. This guaranteed part of the payment would be paid in equal shares to persons who submit prior art which in Company’s judgment constitutes no more than the top 3 best prior art submissions relating to the ‘335 patent. If the ’335 patent is ultimately found to be invalid (after any appeals), Company will split an additional $10,000 among those who submit prior art that is used by Company to invalidate the ’335 patent in an IPR (Inter Parties Review at the US Patent and Trademark Office) or at trial in a court of law. This part of the payment would be paid according to Company’s determination of the prior art submission’s probative value in determining invalidity of the ‘335 patent. Company will pay the second $30,000 payment in equal shares to persons who submit the top 3 best prior art submissions which in Company’s opinion invalidates any other Blackbird patent, without regard to whether an IPR is filed. In all cases, the prior art cannot be listed on the face of Blackbird’s patents or referenced in the patents’ prosecution history. If Company already has located the piece of prior art, it is under no obligation to award a payment for that prior art. For the ’335 patent, prior art includes only inventions in existence before July 21, 1998. For other Blackbird patents, prior art includes only inventions in existence before the respective filing dates for such patents. In evaluating prior art, Company will consider, inter alia, (i) the identity and content of the prior-art submission, and whether the submission includes a copy of the prior art, (ii) the analysis of the prior art provided in the submission, (iii) the relative strength of the prior-art submission and analysis in comparison with the other entries, and (iv) whether Company knew of the prior art before receiving the submission. A list of successful participants will be available only within sixty (60) days after the close of the Program. Please send any request for such a list to [email protected] Lost or stolen payments will not be replaced. The payment does not include any other item or expense not specifically described in these Official Rules, and all additional expenses if any, are the sole responsibility of the successful participant. Payments may not be transferred or assigned. All taxes incurred in connection with any payment, and the reporting consequences thereof, are the sole responsibility of the respective recipient.
SELECTION AND NOTIFICATION OF SUCCESSFUL PARTICIPANTS: uccessful participants will be selected promptly by the Company, at its sole and absolute discretion, following the expiration of the Entry Period. Successful participants will be notified and payments awarded within 60 days of the final resolution of the Blackbird litigation. The selection will be conducted by the Company, whose decisions and interpretations on all matters relating to the Program and these Official Rules are final and binding in all respects. The Company reserves the right to disqualify any participant or successful participant and may refuse to award any payment to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Program, or obtained successful participant status using fraudulent means. All potential successful participants are subject to verification by the Company. An entrant is not a successful participant for any payment, even if the Program should so indicate, unless and until the Company has verified the entrant’s eligibility. Potential successful participants will be notified by telephone and/or email and must meet all eligibility requirements. Return of a payment or payment notification as undeliverable, or inability of the Company to contact a potential successful participant by telephone or email within twenty-four (24) hours of selection, may result in disqualification of such potential successful participant, and an alternate participant may be selected at the Company’s discretion. In the event a successful participant declines a payment, the Company may, at its discretion, select an alternate participant.
PUBLICITY AND PRIVACY: All entries when submitted shall become the exclusive property of the Company and you hereby renounce any and all rights in and to such property. Except where prohibited by applicable law or regulation, by submitting an entry, you grant the Company a perpetual, worldwide, royalty-free license to use your name, character, photograph, voice, image and likeness in connection with the promotion of this Program, and entrants waive any and all claims and/or rights to receive any royalties or other compensation for the Company’s use thereof, unless prohibited by law. Entry into this Program requires entrant to enter his or her email address and certain other personal information. The Company’s servers and computer systems will collect personal data collection in connection with this Program. You may withdraw your personal data upon request; however, you will be disqualified as an entrant in this Program if you withdraw your personal data prior to the determination of the successful participant(s) and fulfillment of the payment(s).
Successful participants will be required to complete, sign and return a Release Form. If the successful participant is under the age of majority in his/her state of residency, the affidavit of eligibility/liability release and publicity release must be executed by the successful participant and one or both parents or legal guardians, depending upon the jurisdiction of residence of the successful participant. If these documents are not returned properly executed, or are returned to the Company as undeliverable, or if any given payment to a successful participant does not otherwise comply with these Officials Rules, the payment will be forfeited and awarded to an alternate participant at the Company’s discretion.
DISQUALIFICATION, MODIFICATION AND CANCELLATION: No third-party entry or entry through Contest services is permitted. All entries become the property of the Company upon receipt and none will be acknowledged or returned. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, or uses any device, service or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Company, will be disqualified. If, in the Company’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Program, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Program, and/or the Program is not capable of being conducted as described in these Official Rules, the Company shall have the right, at its sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently, and/or to cancel, terminate, modify or suspend this Program, and conduct a random drawing to select the payment to successful participants from all non-suspect entries received prior to action taken, or as otherwise deemed fair and appropriate by the Company. The Company reserves the right to prosecute any fraudulent entries to the fullest extent of the law.
RELEASE: By participating, you (a) release the Company and its affiliates, agents, representatives, officers, directors, shareholders, and employees ("Released Entities"), from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by participation in the Program, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the payment that may be awarded; and (b) acknowledge that the Released Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a payment including, without limitation, the payment quality or availability. No Released Entity is responsible for incorrect or inaccurate printing or typographical errors in any promotion-related material, incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or website or to complete a telephone call, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage to entrant’s or any other person’s computer or other equipment related to or resulting from participation in this Program. By submitting a piece of prior art, you agree that you are not putting Company on notice of any patent and you further agree not to assert any such patent against Company. By participating in this program, you agree that you (or any successor-in-interest to any claim of yours) will not use the fact that Company reviewed your submission in any future lawsuit against Company.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
The Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Released Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized acts or omissions on the part of the Released Entities or any other person or entity furnishing services, products, or accommodations as a part of a payment or any of their agents, servants, employees, or independent contractors, (b) by any defect in or failure of any vehicle, equipment, instrumentality, service, product, or accommodation that is owned, operated, furnished, or otherwise used or provided by the Released Entities or any person or entity furnishing services, products, or accommodations as a part of a payment, (c) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not an employee of the Released Entities, or (d) by any cause, condition, or event whatsoever beyond the control of Released Entities.
DISPUTES/ARBITRATION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Company in connection with the Program and any action related thereto will be governed and interpreted under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Entrants agree that any and all disputes, claims and causes of action arising out of or relating to the Program or any payment shall, in good faith, be amicably resolved between an entrant and the Company. In the event that an amicable resolution cannot be reached, all such disputes, claims or causes of action shall be exclusively resolved by binding arbitration (all aspects of which shall be kept strictly confidential) pursuant to the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, with arbitration to occur in San Francisco, California before a sole arbitrator, without resort to any form of class action. Entrants and the Company agree to give up any right to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. The laws of the jurisdiction where the entrant is located may differ from California law. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering into this Program but in no event attorneys’ fees and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
SUCCESSFUL PARTICIPANTS' LIST: A list of successful participants will be available only within sixty (60) days after the close of the Program. Please send any request for a list of successful participants to [email protected]
MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable form these Official Rules and shall not affect the validity or enforceability of any remaining provisions. Headings and captions used herein are solely for reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules.