Grafana Champions Rules & Regulations

1. Sponsor. Sponsor of this promotion (the “Contest”) is Raintank Inc. (dba Grafana Labs) (the “Sponsor”) whose address is 165 Broadway, 23rd Floor, New York, NY 10006. These rules and regulations govern all Grafana Labs champion programs respectively, including the Grafana Champions and K6 Champions programs.

2. No Purchase Necessary; Void where prohibited by law; Entry Instructions. NO PURCHASE OR PAYMENT OF ANY MONEY IS NECESSARY TO ENTER. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING. ENTRY IS VOID WHERE PROHIBITED BY LAW (OR JURISDICTION).
   
   To enter the Contest, during the Contest Period (as defined below) you must visit the respective champions program landing page for the champions program you are applying to (i.e. https://www.grafana.com/community/champions or https://k6.io/champions-program) (such website being the “Program Website”) and follow the on-screen instructions (the “Instructions”), providing the requested information (collectively, the “Entry”). The entrants to the Contest must be the company or person that owns the content submitted in the Entry, not a company’s employees, consultants or third-party developers in their individual capacities. One entry per person. ENTRIES MUST BE SUBMITTED ON THE CORRECT CHAMPIONS PROGRAM WEBSITE; DO NOT POST ENTRIES ELSEWHERE ONLINE OR SEND SPONSOR A LINK TO AN ENTRY. All requested entry information must be provided. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, or any other methods will void that entrant’s entries and that entrant may be disqualified. In the event of an ongoing dispute as to the identity of any entrant, Sponsor has the right to make a determination as to all entrants in its sole discretion. Sponsor reserves the right to change the name of the Contest or reject any Entry for any reason.

3. Contest Period. Contest Period. This Contest begins at 12:01 am U.S. Pacific Time (“PT”) on March 23, 2023 for all Global entries and will remain open until otherwise noted on the Program Website (the “Contest Period”). All entries must be received during the dates and times specified in the Contest Period. This is a contest of skill. Odds of winning the Contest depend on the number and quality of eligible entries received during the Contest Period. The Sponsor may select additional winning entries at its discretion. The Sponsor may reevaluate existing winning entries (“Champions”) and decide whether to extend or terminate such winning entry’s status as a Champion in its sole discretion.

4. Eligibility. In order to be eligible, an entrant must be using Grafana Labs pursuant to a valid license (open source, free or paid), and the entrant must be at least the age of majority in their jurisdiction of residence. By submitting an Entry, the person submitting represents and warrants that he or she has all necessary rights and permissions to enter the contest, including permission of their employer, if applicable. Entrants for a company may participate and/or receive prizes only to the extent permitted by their employer. By submitting an entry, each entrant represents and warrants that such entrant is (A) is not located in a destination prohibited by the Export Administration Regulations (“EAR”) (15 C.F.R. Parts 730-774 (2010)) and is not a person or entity listed on the economic sanctions regulations and guidelines of the U.S. Department of the Treasury, Office of Foreign Asset Control (“Restricted Parties”), and (B) will not export, re-export, or otherwise transfer the Grafana Labs and technologies related thereto (“Grafana Labs Technology”), or permit any Grafana Labs Technology to be used by, or disclose any Grafana Labs Technology to, any prohibited destination or Restricted Party. By entering this Contest, you shall defend, indemnify, and hold harmless Grafana Labs from and against claims, losses, costs, or liability, arising in connection with your breach of this section. This Contest is void where prohibited by law, rule or regulation.

5. Prize Each approved Champion may receive, at the discretion of Sponsor and such times as determined by Sponsor in its sole discretion:

• Champion spotlight on the relevant product (e.g. Grafana, K6) blog
• Close collaboration with the relevant product teams on content and advocacy activities
• Exclusive invites to events such as Office Hours
• Exclusive Champions swag
• Private Slack channel for networking opportunities and collaborations
• Free ticket to Grafana Labs conferences
• Information packet to help with giving presentations and workshops
• Support from the k6 team including Product, DevRel, and Engineering (k6 Champions only)
• Increased subscription to Grafana Cloud k6 for educational purposes (k6 Champions only)
  
  The aggregate retail value of all possible prize(s) in the aggregate is approximately $200 per each winner. No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who has the right to substitute a prize with another of comparable or greater value. Sponsor may adjust, modify or cancel any prizes at any time in its sole discretion. The prizes will be distributed to the individual who submitted on behalf of the participating company, it is the responsibility of those submitting an entry on behalf of a company to obtain permission to receive such prizes in their individual capacity (provided, however that Sponsor, in its sole discretion, may transfer any prize to another individual at the company, at the request of such company). Sponsor may withhold prizes if it reasonably believes such submitting individual has not obtained adequate permission from their company to receive such prizes. An entrant will not be eligible to receive any prize if receipt of such prize would require Sponsor to register or otherwise pay fees to a state or governmental authority.

6. Winners. Sponsor reserves the right to select no winner (including selecting no winners at all). Winners of the Contest will be determined based on the following equally-weighted criteria for each category: (i) demonstration of active contributions focused on Grafana technologies; (ii) overall execution; and (iii) originality. Because this is a contest of skill, winning the Contest is dependent on the quality and number of submissions received. Selection of winners for each Category shall be made in the sole discretion of Sponsor.

7. Judging Process. Entries will be reviewed by the Sponsor. The entrant will provide the materials requested on the Program Website, which shall include evidence to demonstrate their history of active Contributions (defined below) along with their entry. Winners will be selected based on evidence that they can meet the requirement of 4 unique Contributions per contest period. “Contributions” may be determined by sponsor from time to time, and include: publish a blog post, create original video content, present at an event, answer community questions in the community.grafana.com forum (multiple posts count as one contribution), contribute code to a Grafana Labs OSS project. The Sponsor may approve additional methods of contributing, approval must be in writing to count as a valid contribution.
   4 of the Judges will be selected by Sponsor. The 5th and final “judge” shall be based on the outcome of a community vote that will be hosted on a voting site such as https://rankedvote.co. The top 5 picks in the community vote shall be scored pursuant to the criteria above with the first place section receiving 5 points, second place receiving 4 points, etc. For the avoidance of doubt, the community vote shall only have the voting power of 1 judge.

8. Conditions of Participation. By submitting an Entry for this Contest, you agree to abide by these Official Rules and any decision Sponsor makes regarding this Contest, which Sponsor shall make in its sole discretion. Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any entrant or winner who, in Sponsor’s reasonable suspicion, tampers with Sponsor’s site, the Entry process, intentionally submits more than a single Entry, violates these rules, or acts in an unsportsmanlike or disruptive manner.

9. Intellectual Property. Ownership of the pre-existing underlying intellectual property of the entrant remains the property of the entrant subject to Sponsor’s rights to reprint, display, reproduce, perform, use, and exhibit the Entry and materials and information submitted, for the purpose of administering and promoting the Contest and for business, marketing and advertising purposes for the benefit of Sponsor. By participating in the Contest, you grant to Sponsor a non-exclusive, worldwide, fully-paid, royalty-free, perpetual, irrevocable, and transferable license to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the Entry and materials and information submitted on and in connection with the Contest or use or receipt of the prize for any and all purposes in any medium. You hereby warrant that any Entry and other materials and information provided by you are original and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations. If the Entry or information or materials provided by you contain any material or elements that are proprietary, confidential, not owned by you and/or which are subject to the rights of third parties, you represent you have obtained, prior to submission of the Entry and information or materials, any and all authorizations, releases and consents necessary to permit use and exploitation of the Entry and information and materials by Sponsor in the manner set forth in these Official Rules without additional compensation.
   You warrant that the Entry and materials and information provided do not contain information considered by you, your company or its employees or personnel, or any other third party to be confidential. You agree that Sponsor has the right to verify the ownership and originality of all entries and that, upon Sponsor’s request, you must submit a written copy of any release or permission you have received from a third party granting you the right to use such property. You understand and acknowledge that in the event a submission is selected as a winning Entry, and your ownership, rights and the originality of the Entry cannot be verified to the satisfaction of Sponsor or is in any other way ineligible, Sponsor may select an alternate winner based on the same judging criteria.

10. Disclaimer, Release and Limit of Liability. SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION. BY ENTERING THE PROMOTION OR RECEIPT OF ANY PRIZE, YOU AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. No more than the stated number of prizes will be awarded.

11. Privacy and Use of Personal Information. Sponsor collects personal information from you when you enter this Contest. Sponsor reserves the right to use any information collected in accordance with its privacy policy, which may be found at https://grafana.com/legal/privacy-policy/.

12. TAX. FOR US PERSONS, IF THE VALUE OF THE PRIZE AWARDED IS GREATER THAN $600 THE FAIR MARKET VALUE OF THE PRIZE AMOUNT WILL BE REPORTED ON IRS FORM 1099-MISC AND ISSUED TO THE RECIPIENT. TAX IDENTITY INFORMATION WILL BE COLLECTED BY COMPLETING IRS FORM W-9. FOR NON-US PERSONS, THE FAIR MARKET VALUE, CASH EQUIVALENT AND TAXES PAID RELATING TO PRIZES AWARDED ARE SUBJECT TO IRS FORM 1042-S REPORTING. TAX IDENTITY INFORMATION WILL BE COLLECTED BY COMPLETING IRS FORM W-8. IN ADDITION, THERE MAY BE ADDITIONAL OR EQUIVALENT TAX FORMS REQUIRED TO BE ISSUED BASED ON THE WINNER’S COUNTRY OF ORIGIN.
    Each winning entrant shall be solely responsible for payment of any and all applicable federal, state, provincial and local taxes for the prizes won and customs clearance fees, if any. Each winner may also be required to sign and return certain tax documentation. Where applicable, the Sponsor may require winners to provide additional tax information, as required by law.

13. GOVERNING LAW AND DISPUTES. THESE OFFICIAL RULES AND THE PROMOTION ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES SHALL BE IN THE CITY OF LOS ANGELES, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ANY SUCH CONTROVERSY OR CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE CITY OF LOS ANGELES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

14. Winners List. Individuals may request the name of winner(s) by submitting an e-mail to: champions@grafana.com

Grafana is a registered trademark of Raintank, Inc. DBA Grafana Labs.