NoSQL Mobile App Challenge Powered by Rackspace® Official Rules – (the “Official Rules”)
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
Challenge Name: NoSQL Mobile App Challenge Powered by Rackspace and ObjectRocket (the “Challenge”)
Challenge Website: RackspaceMobile.ChallengePost.com (the “Challenge Website”)
1. POSTER & ADMINISTRATOR
Poster (the “Poster”): Rackspace US, Inc., 1 Fanatical Place, Windcrest, TX 78218. The Poster is the sponsor and entity responsible for the Challenge.
Administrator (the “Administrator”): ChallengePost, Inc., 425 W. 13th Street, Suite #504, New York, NY 10014.
2. DATES AND TIMING
“Challenge Registration Period”: August 7, 2014 (10:00am Eastern Time, USA) – October 7, 2014 (5:00pm Eastern Time, USA)
“Challenge Submission Period”: August 7, 2014 (10:00am Eastern Time, USA) –November 4, 2014 (5:00pm Eastern Time, USA) (the “Challenge Submission Period”)
“Judging Period”: November 12, 2014 (10:00am Eastern Time, USA) – December 3, 2014 (5:00pm Eastern Time, USA) (the “Judging Period”)
“Public Voting Period”: November 12, 2014 (10:00am Eastern Time, USA) – November 25, 2014 (5:00pm Eastern Time, USA) (the “Public Voting Period”)
“Winners Announced Date”: On or around December 16, 2014 (2:00pm Eastern Time, USA)
The Administrator will be the official timekeeper for the Challenge.
A. The Challenge IS open to:
- individuals who are at least the age of majority where they reside, and are legal residents of the United States or Canada, excluding Quebec, as of the time of entry(“Eligible Individuals”);
- teams of Eligible Individuals (“Teams”);
- organizations (including corporations, not-for-profit corporations and other nonprofit organizations, limited liability companies, partnerships, and other legal entities) that exist and have been organized or incorporated at the time of entry, are domiciled in the United States or Canada, excluding Quebec, and employ no more than 50 people (“Small Organizations”) ;
- Organizations (including corporations, not-for-profit corporations and other nonprofit organizations, limited liability companies, partnerships, and other legal entities) that employ more than 50 people and are domiciled in the United States or Canada (excluding Quebec Province) (“Large Organizations”). Please note, however, that Large Organizations will only be eligible to win the Large Organization Recognition Award, which carries no monetary value. Large Organizations will not be eligible to receive any other prize in connection with this Challenge.
(the above are collectively, “Maker(s)”)
Each Maker must sign up for a new, free ObjectRocket account for use in the Challenge (see instructions below). Each Maker is limited to one (1) free ObjectRocket account for use in the Challenge, and eligibility for the Challenge is limited to the first 200 Makers who create a new ObjectRocket account and complete the sign up form on the Challenge Website at http://rackspacemobile.challengepost.com/details/objectrocket. An individual may join more than one Team, Small Organization, or Large Organization, and any individual who is part of a Team, Small Organization, or Large Organization may also enter the Challenge on an individual basis. However, no individual may create a free ObjectRocket account for use in the Challenge more than once, or on behalf of more than one Team, Small Organization, or Large Organization. Current ObjectRocket and Rackspace customers are eligible to enter as individuals and/or as part of a Team, Small Organization or Large Organization, provided they create a new ObjectRocket account for use in the Challenge. A Maker may submit more than one Submission, however, each Submission must be unique, as determined by the Poster and/or the Administrator, and the Maker must use the same free ObjectRocket account for each Submission, without exceeding the storage limits.
If a Team, Large Organization, or Small Organization is entering the Challenge, they must appoint and authorize one individual (the “Representative”) to represent, act, and enter a Submission (as defined below), on their behalf. The Representative must meet the eligibility requirements associated with “Eligible Individuals” above. By entering a Submission on the Challenge Website on behalf of a Team, Large Organization, or Small Organization, you represent and warrant that you are the Representative authorized to act on behalf of your Team, Large Organization, or Small Organization. An individual may not serve as the Representative for more than one Team, Large Organization, or Small Organization.
B. The Challenge IS NOT open to:
- individuals who are residents of, or Small Organizations or Large Organizations domiciled in, a country, state, province or territory located outside the United States and Canada, excluding Quebec.
- the Poster, Administrator, and their respective parents, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters, and any other organizations involved with the design, production, paid Challenge, execution, or distribution of the Challenge (“Challenge Entities”), and all members of their immediate family or household, as defined below.*
- employees, officers, directors, representatives and agents of the Challenge Entities, and all members of their immediate family or household.
- any other individual involved with the design, production, promotion, execution, or distribution of the Challenge, and members of their immediate family or household.*
- any Judge (defined below), or company or individual that employs a Judge, and all members of a Judge’s immediate family or members of the Judge’s household.*
- any parent company, subsidiary, or other affiliate of any of the Challenge Entities or any of the other organizations described above.
Poster reserves the right to verify the eligibility of winners. Participation constitutes Maker’s full and unconditional agreement to these Official Rules, ObjectRocket’s Master Services Agreement (found at: http://www.objectrocket.com/msa), YouTube’s Terms of Service and Community Guidelines and/or Vimeo’s Terms of Service, and to Poster’s decisions, which are final and binding in all matters related to the Challenge.
*For purposes of the Challenge, the members of an individual’s immediate family include the individual’s spouse, children and stepchildren, parents and stepparents, and siblings and stepsiblings. The members of an individual’s household include any other person that shares the same residence as the individual for at least three (3) months out of the year.
4. ENTRY PROCESS AND SUBMISSION REQUIREMENTS
Eligible Makers must do the following to enter in the Challenge and to be eligible to win:
During the Challenge Registration Period:
(1) Create a new ObjectRocket account to enter, regardless of whether the Team, Small Organization, Large Organization, Representative or Eligible Individual has a preexisting ObjectRocket account. Creating an ObjectRocket account is free, provided the Maker follows the following instructions:
- To create a free ObjectRocket account for use in the Challenge, go to https://app.objectrocket.com/sign_up and sign up by entering your email address and a password and accepting the ObjectRocket Terms of Service. Once you’ve created your ObjectRocket account and signed in, DO NOT create an instance or enter your credit card or billing information. This is not required to create free ObjectRocket account.
- Visit the Challenge Website and complete the ObjectRocket NoSQL Mobile App Challenge Sign-up Form at http://rackspacemobile.challengepost.com/details/objectrocket. After you complete and submit the form, ObjectRocket will create a free instance in your account for up to 5GB of storage per month, lasting until 30 days following the Winners Announced Date of the Challenge.
Please note that if you use more than 5GB in your ObjectRocket account, you may incur charges, and any Submission(s) that uses the account may be disqualified at the sole discretion of the Sponsor.
30 days following the Winners Announced Date, ObjectRocket will discontinue your free account unless you make arrangements to continue the service. If you do not make arrangements to continue with a paid ObjectRocket service, ObjectRocket will delete your account and any data or application stored thereon.
Participation in the Challenge is limited the first 200 Makers that create a new ObjectRocket account and complete the sign up form on the Challenge Website at http://rackspacemobile.challengepost.com/details/objectrocket. Once the limit of 200 Makers is reached, the sign-up form will no longer be available.
(2) Create a working native or web-based mobile software application that utilizes ObjectRocket’s NoSQL data service (each an “Application”). Please note: entrants are encouraged – but are not required – to use Rackspace services in the development of their Application. The fact that an entrant has used or has not used Rackspace services will not be considered in the judging component of this Challenge.
(3) Register for the Challenge on the Challenge Website by clicking the “Register” button. To complete registration, sign up to create a ChallengePost account, or log in with an existing ChallengePost account. There is no charge for creating a ChallengePost account.
During the Challenge Submission Period:
- Complete and enter all of the required fields on the “Enter a Submission” page of the Challenge Website (each a “Submission”), and
- Follow the requirements for each Submission listed below, including, but not limited to, language requirements, Application requirements, text description, images, and video requirements, and Submission content requirements:
A. Submission Language Requirements
All Submission materials must be in English or, if not in English, the Maker must provide an English translation of the demonstration video, text description, and testing instructions as well as all other materials submitted.
B. Application Requirements
(i) Functionality: The Application must be capable of being successfully installed and running consistently on the platform for which it is intended, and must function as depicted in the video and expressed in the text description.
(ii) Platforms: A submitted Application must run on at least one of the following platforms:
- Android® device (such as a smartphone, tablet, Google Glass®, etc.)
- iOS® device (such as a smartphone, tablet, etc.)
- Windows® Phone device (such as a smartphone, tablet, etc.)
- Blackberry® device
- Mobile web
(iii) New & Existing: Applications must be either newly created by the Maker or, if the Application existed prior to the Challenge Submission Period, must have integrated ObjectRocket’s NoSQL data service for the first time, and incorporated new features and functionality, after the start of the Challenge Submission Period. Makers submitting an Application that existed prior to the start of the Challenge Submission Period will be required to describe the Application’s new features on the “Enter a Submission” form on the Challenge Website.
(iv) Testing: The Maker must make the Application available free of charge and without any restriction for testing, evaluation and use by the Poster, Administrator and judges during the Challenge and until the Judging Period ends. You can make your Application available using one of the following methods:
a. Android® Applications: Upload an .apk file on the “Enter a Submission” form on the Challenge Website or provide a link for downloading the Application in the “Testing Instructions” field on the “Enter a Submission” form.
b. iOS® Applications:
- If your Application is available on the iTunes App Store provide a link in the “Testing Instructions” field on the “Enter a Submission” form on the Challenge Website. If you charge a fee for downloading your Application, you must provide a promo code.
- If your Application is not yet publicly available on the iTunes App Store, you must send it to the Administrator via TestFlight. To share a build using TestFlight, you must enter the Administrator email address and UDID:
- Administrator TestFlight account email: Testing@ChallengePost.com
- Administrator UDIDs:
- iPad® (iOS 6.0.1) 6a2cb1d4ba2d242db1db48c59c91744cebfc68a9
- iPod Touch® 4th Gen (iOS 5.0.1)13d9c9e50d705446c07fc5d2c3c3144c69ffc576
- iPhone® 5 (iOS 7.0.3) 4c4270daadcf6f2dcd38ef407c38c01c3fa849b8
- iPhone® 5 (iOS 8.1) c94acc0069278cee4b38e4d27ae3f838bf50aa79
c. Windows® Phone applications: Upload an .xap file in the “Enter a Submission” form on the Challenge Website or provide a link for downloading your Application in the “Testing Instructions” field on the Enter a Submission form.
d. BlackBerry®: Upload the appropriate installation files on the “Enter a Submission” form on the Challenge Website or provide a link for downloading your installation file in the “Testing Instructions” field on the “Enter a Submission” form.
e. HTML5/Mobile Web: Provide a link for accessing your Application on the “Testing Instructions” field on the “Enter a Submission” form on the Challenge Website.
f. Kindle®: Upload the appropriate installation files on the “Enter a Submission” form on the Challenge Website or provide a link for downloading your installation file in the “Testing Instructions” field on the “Enter a Submission” form.
(v) Public Distribution: The Maker may make the Application available to the public via a website or online store during the Challenge Submission Period and/or Challenge Registration Period, but is not required to do so. Please note that the video which demonstrates the application must be public, but the application itself does not need to be publicly distributed before the end of the Challenge Submission Period.
(vi) SDKs, APIs, & Data: Applications may integrate SDKs, APIs and data, only to the extent the Maker is authorized to use such SDKs, APIs and data.
(viii) Hosting: Applications may be hosted on Rackspace cloud servers, but Makers are not required to use Rackspace, and may use any hosting service.
C. Text Description, Image, and Video Requirements
(i) Text Description: The text description should include (unless included in the video) an explanation of the Application’s integration with ObjectRocket and/or Rackspace’s Cloud Data Stores and should explain the features and functionality of the Application.
(ii) Images: The image(s) should be photographs or screenshots of the working Application and must be of satisfactory quality (i.e., brightness, focus, etc.) Any image submitted that is not of satisfactory quality may be rejected, at Poster's sole discretion. Images must be in JPG, PNG, or GIF format and each must be 5MB or less in size.
(iii) Video: The video portion of the Submission:
a. Should be less than five (5) minutes in length. Video footage in excess of five (5) minutes may be disregarded by the Judges for purposes of evaluating your Submission.
b. Must be clear and easy to see, hear, and understand.
c. Must include footage that clearly explains the Application’s features and functionality through a comprehensive demonstration. The Poster shall have full discretion to determine whether a video contains a sufficiently “comprehensive” demonstration for purposes of this Challenge.
d. Should include (unless included in the text description) an explanation of the Application’s integration with ObjectRocket and/or Rackspace’s Cloud Data Stores.
e. Must be uploaded to the YouTube® or Vimeo® websites (available at youtube.com and www.vimeo.com, respectively) and a link to the video must be provided on the submission form on the Challenge Website. If you do not have a YouTube account, you can get one for free at www.youtube.com. If you do not have a Vimeo account, you can get one for free at www.vimeo.com.
f. Must comply with YouTube’s Terms of Serviceand Community Guidelines and/or Vimeo’s Terms of Service. In the event that your video is pulled down or hidden by YouTube or Vimeo for any reason, the Poster and/or Administrator reserve the right, at their sole discretion, to allow you to resubmit the video through alternative means, before or after the Challenge Submission Period.
D. Submission Content Requirements: All components of each Submission must comply with the following requirements to be eligible to enter and win the Challenge:
- Subject to Subsection (B) above, MUST be the Maker’s original idea (modification of an original work is not an original idea). Submissions MUST NOT copy or otherwise plagiarize from any source.
- MUST be solely owned by the Maker, whether an Eligible Individual, Team, Large Organization or Small Organization, with no other person or entity having any right or interest in it;
- MUST NOT contain material which is (or promote activities which are) in Poster's sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the Submission is created in their application.
- MUST NOT contain material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, entry submissions must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Poster.
- MUST NOT include mention or performance of any copyrighted media production including but not limited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property. Submissions must not include commercial music.
- MUST NOT include images or likenesses of third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized Maker to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules. Maker must be prepared to provide signed third party authorizations upon request.
By entering, each Maker warrants and represents that its Submission is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state, provincial, territorial or local laws or ordinances. Makers further warrant and represent that they have secured the requisite consent from any third party referenced in their entries. Poster reserves the right in its sole and unfettered discretion to disqualify any Submission that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Challenge.
Makers must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by online or phone services may apply. Automated or bulk Submissions or Submissions submitted by third parties will be disqualified. Submissions must be submitted by the Representative or Eligible Individual. No copies, facsimiles, or mechanical reproductions of any of the entry forms will be accepted. Representatives and/or Eligible Individuals are not permitted to share the same email address. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Poster and/or the Administrator or forfeit the prize. Submissions specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. You must complete all required information to be eligible to enter. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
Poster and Poster’s agents, affiliates, subsidiaries, representatives or service providers may use Makers’ and/or referrals’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Poster or Administrator, such as to notify them of a product or Challenge that Poster thinks may be of interest. Poster and Administrator will not sell personal information submitted with entry to outside solicitors. The Challenge is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Google +, or Reddit.
5. INTELLECTUAL PROPERTY RIGHTS TO SUBMISSIONS
A. Maker Rights: Subject to the licenses described below, any applicable intellectual property rights to a Submission will remain with the Maker.
B. Poster Rights: By entering the Challenge, each Maker retains ownership of the video element of the Submission that the Maker has posted to YouTube or Vimeo in connection with this Challenge. By entering the Challenge, each Maker grants to the Poster, Administrator, and any other third parties acting on the Poster’s behalf, a royalty-free, non-exclusive, worldwide perpetual license to display publicly and use for promotional purposes the Submission, in perpetuity. This license includes, but is not limited to, posting or linking to the Submission on Poster’s, Administrator’s, and partners’ websites and applications, including the Challenge Website, and display of the Submission and Challenge in any other media, worldwide.
Under the terms of the license discussed above, the following Submission components may be displayed to the public: name, description, images, video URL, website URL, Team members (username only), the Submission category and platform, and submitter type. Other Submission materials may be viewed by the Poster, Administrator, and Judges for screening and evaluation.
Makers represent and warrant that the Poster, Administrator, and Challenge partners are free to use Makers’ Submission in the manner described above, as provided or as modified by Administrator, without obtaining permission or license from any third party and without any compensation to Makers.
C. Waiver of Relationship; Waiver of Equitable Relief: Each Maker understands and acknowledges that Poster has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Maker also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Maker acknowledges and agrees that such Maker will not be entitled to any compensation as a result of Poster's use of any such similar or identical material. Each Maker acknowledges and agrees that the Poster does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Maker acknowledges that, with respect to any claim by Maker relating to or arising out of Poster’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Challenge, the damage, if any, thereby caused to the applicable Maker will not be irreparable or otherwise sufficient to entitle such Maker to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the Maker's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
6. SELECTION OF WINNERS AND JUDGING CRITERIA
During the Judging Period and Voting Period, eligible Submissions will be assessed in two separate ways, by a panel of judges and by public voting.
A. Judging Criteria for Best Overall App determination:
All eligible Submissions will be evaluated by a panel of judges selected by the Poster (the “Judges”), and scored using the following criteria (the “Judging Criteria”):
(i) Depth of Integration with ObjectRocket: How well does the application take advantage of the NoSQL data services offered by ObjectRocket?
(ii) Utility: Is the application useful to a consumer or businessperson?
(iii) User Experience: Is the application easy to use? Is it appealing? Is it addictive?
(iv) Originality of Concept: Is the application unique and innovative? Does it bring new functionality to mobile devices?
JUDGES ARE NOT REQUIRED TO TEST THE APPLICATION AND MAY CHOOSE TO JUDGE BASED SOLELY ON THE TEXT DESCRIPTION, IMAGES AND VIDEO PROVIDED IN THE SUBMISSION.
The Makers that consist of an Eligible Individual, a Team, and Small Organizations only and who have received from the Judges one of the highest three scores assigned by the Judges from among all Eligible Individuals, Teams, and Small Organizations will be named as the potential first, second, and third place winners of “Best Overall App” prize, as set forth in Section 7 below. The Large Organization with the highest score will be selected as the potential winner of the Large Organization Recognition Award.
For each Prize listed in Section 7 below (with the exception of the Popular Choice Award), if two or more Submissions are tied, the tied Submission with the highest score in the first applicable criterion listed above will be considered the higher scoring Submission. In the event any ties remain, this process will be repeated, as needed, by comparing the tied Submissions’ scores on the next applicable criterion in the list above. If two or more Submissions are tied on all applicable criteria, the panel of Judges will vote on the tied Submissions and the Submission receiving the most votes will be considered to be the higher scoring Submission.
B. Public Voting for Popular Choice Award: In addition to the above, all eligible Submissions, with the exception of Submissions submitted by Large Organizations, will be evaluated by members of the public to determine which Submission is eligible to receive the Popular Choice Award. A Submission is eligible to win both a Popular Choice Award and one of the “Best Overall App” prizes.
During the Voting Period, all eligible Submissions (excluding Submissions from Large Organizations) will be posted to the Challenge Website consistent with the license provisions outlined in Section 5 above. Public voting is open to any person who is 18 or older or the age of majority in his/her jurisdiction of residence, whichever is greater, and who has a verified ChallengePost account. Members of the public may vote on a Submission by logging in to their ChallengePost account, locating a Submission at http:// RackspaceMobile.ChallengePost.com/Submissions, clicking on a Submission image, and then clicking on the “Vote for this submission” button on the Submission web page. The Submission with the highest number of votes at the end of the Voting Period will be selected as the potential winner of the Popular Choice Award. Makers can review the voting process at http://help.challengepost.com/Public-voting.html. Makers are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to prospective voters, as determined by Poster in its sole discretion. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. Poster reserves the right, in its sole and unfettered discretion, to nullify all votes obtained via such means and to disqualify responsible Makers from further voting or participation in the Challenge. Makers may not directly or indirectly offer or pay any monetary or other form of consideration in exchange for a vote.
If there is a tie between two or more Submissions for the highest number of votes for Popular Choice Award, the potential winner will be determined by the Poster, at its sole discretion. If the voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Poster has the right to determine any public voting prize winners by using non-suspect votes, or by any other means they deem appropriate.
Best Overall App – Grand Prize
All except Large Organizations
Best Overall App – Second Place
All except Large Organizations
Best Overall App –Third Place
All except Large Organizations
Popular Choice Award
All except Large Organizations
Large Organization Recognition Award
Only Large Organizations
8. NOTIFICATION AND VERIFICATION OF POTENTIAL WINNERS
A. Winner Notification: The potential winners of each of the above-listed prizes will be contacted using the information associated with the ChallengePost account used to enter. Winning a prize is contingent upon fulfilling all requirements set forth herein. If a potential winner does not respond within 72 hours after the first attempt after notification of winning status, that potential winner will be deemed to have forfeited the prize, and the Submission with the next highest number of points or votes (as applicable) for that particular prize will be selected as an alternate potential winner in his/her place. If no Maker claims a prize, Poster will select an alternate potential winner at random from all eligible entries received for that prize, subject to any limitations set forth in these Official Rules. Any alternate potential winner will also have 72 hours to claim the prize, and must satisfy all eligibility requirements.
B. Verification Requirement: POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY POSTER, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CHALLENGE. A MAKER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL MAKER’S ELIGIBILITY HAS BEEN VERIFIED AND MAKER HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Except where legally prohibited, each Eligible Individual winner and/or the Representative for each winner will be required to complete and return, within seven (7) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release and any applicable tax forms (“Required Forms”) in order to claim a prize. If a winner fails to respond within 72 hours, fails to sign a return the Affidavit of Eligibility, Liability & Publicity Release within the required time period (if applicable), or in the event that a potential winner is disqualified for any reason, the potential winner will be deemed to have forfeited the prize, and the Maker with the next highest number of votes for the applicable prize category will be selected as an alternate potential winner. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner. Only three (3) alternate winner selections will be made for each prize, after which any remaining prizes will remain un-awarded.
9. PRIZE DISTRIBUTION AND RESTRICTIONS
A. Substitutions & Changes: Prizes cannot be substituted, assigned, or transferred; however, the Poster has the right to make a prize substitution of equivalent or greater value at its sole discretion. Poster will not replace any lost or stolen prizes or components of a prize(s). Only the number of prizes stated in these Official Rules is available to be won in the Challenge. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. The Poster will not award a prize if there are no eligible Submissions entered in the Challenge, or if there are no eligible Makers or Submissions for a specific Prize Category.
B. Prize Delivery: Prizes will be mailed to the winning Maker’s address (if an Eligible Individual) or the Representative’s address (if a Team, Large Organization, or Small Organization) after receipt of the Required Forms. If the winning Maker is an Eligible Individual, the prize check will be made payable to the Eligible Individual. If the winning Maker is a Team, the prize check will be made payable to the Team’s Representative. If the winning Maker is Small Organization, the prize check will be made payable to the Small Organization. It will be the responsibility of the winning Maker’s Representative to allocate the prize among the Team or Small Organization’s participating members, as the Representative deems appropriate. Challenge Entities disclaim any and all responsibility and liability associated with the distribution of the prize proceeds to individual Team or Small Organization members.
C. Prize Delivery Timeframe: Poster shall make every effort (but does not guarantee) that each prize will be delivered to verified winners within 45 days of the Poster or Administrator’s receipt of the Required Forms and verification of their contents.
D. Taxes: Winners (and in the case of Team or Small Organization, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state and local). Winners may be required to provide certain information to facilitate receipt of the prize, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. THE POSTER AND/OR ADMINISTRATOR RESERVE THE RIGHT TO WITHHOLD A PORTION OF THE PRIZE AMOUNT TO COMPLY WITH THE TAX LAWS OF THE UNITED STATES.
10. ENTRY CONDITIONS, RELEASE, AND LIMITATIONS OF LIABILITY
A. By entering the Challenge, you (and, if you are entering on behalf of a Team, Large Organization, or Small Organization, each participating members) agree(s) to the following:
(i) The relationship between you, the Maker, and the Poster and Administrator, is not a confidential, fiduciary, or other special relationship.
(ii) You will be bound by and comply with these Official Rules and the decisions of the Poster, Administrator, and/or the Challenge Judges which are binding and final in all matters relating to the Challenge.
(iii) You agree to release, indemnify, defend and hold harmless the Challenge Entities, any Judge or company or individual that employs a Judge, Vimeo, LLC, YouTube, Facebook, Twitter, Google +, Reddit, and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including, but not limited to, negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Maker’s Submission, creation or entry of a Submission, participation in the Challenge, acceptance or use or misuse of a prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of the Submission as authorized or licensed by these Official Rules.
(iv) You agree that the Released Parties are not responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of any website or mobile application associated with this Challenge or the downloading from and/or printing of material downloaded from such site.
(v) You agree that the Released Parties are not responsible if any prize cannot be awarded due to cancellations, delays, or interruptions due to acts of God, acts of war, natural disasters, weather, or terrorism.
B. In addition, and without limiting the foregoing, the Released Parties shall have no liability in connection with:
(i) Any incorrect or inaccurate information, whether caused by the Poster or Administrator’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Challenge;
(ii) Technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Challenge Website;
(iii) Unauthorized human intervention in any part of the entry process or the Challenge;
(iv) Technical or human error which may occur in the administration of the Challenge or the processing of Submissions; or
(v) Any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Maker’s participation in the Challenge or receipt or use or misuse of any Prize.
(vi) Incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Makers. Proof of sending or submitting will not be deemed to be proof of receipt by the Poster or Administrator. If for any reason any Maker’s Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Maker’s sole remedy is to request the opportunity to resubmit its Submission. Such request must be made promptly after the Maker knows or should have known there was a problem, and will be determined at the sole discretion of the Poster.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CHALLENGE, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS CHALLENGE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
By participating in the Challenge, and except where prohibited by law, winners (including Eligible Individuals, all Team members, and all Large and Small Organization members) grant to the Poster (which grant will be confirmed in writing on request of Poster) and the Released Parties, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the worldwide web, for the period of three (3) years following the date when the winners are publically announced, personal information about the winners, including, but not limited to, their name, likeness, photograph, voice, opinions, comments and hometown and country of residence without additional consideration, compensation, permission or notification.
12. GENERAL CONDITIONS
A. Poster and Administrator reserve the right, in their sole discretion, to cancel, suspend and/or modify the Challenge, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.
B. Poster and Administrator reserve the right in their sole discretion to disqualify any individual or Maker it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Challenge or to be acting in violation of these Official Rules or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Challenge or the Challenge Entities, or a violation of any applicable law or regulation.
C. Any attempt by any person to undermine the proper conduct of the Challenge may be a violation of criminal and civil law. Should Poster or Administrator suspect that such an attempt has been made or is threatened, they reserve the right to take appropriate action including but not limited to requiring a Maker to cooperate with an investigation and referral to criminal and civil law enforcement authorities.
D. If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Challenge materials, including but not limited to the “Enter a Submission” form, Challenge Website, and advertising or promotional materials (including but not limited to television, print, radio or online ads), these Official Rules shall prevail.
E. The terms and conditions of the Official Rules are subject to change at any time, including the rights or obligations of the Maker, Poster and Administrator. The Poster and Administrator will post the terms and conditions of the amended Official Rules on the Challenge Website. To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting.
F. The Poster or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to a Maker, such illegality or unenforceability shall leave the remainder of these Official Rules, including the Rule affected, to the fullest extent permitted by law, unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Poster’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
G. Poster shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained in these Official Rules.
13. LIMITATIONS OF LIABILITY
By entering, all Makers (including, in the case of a Team, Large Organization, or Small Organization, all participating members) agree to be bound by the Official Rules and hereby release the Released Parties from any and all liability in connection with the Prizes or Maker’s participation in the Challenge. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal.
A. Makers agree that, to the fullest extent permitted by law:
(i) any and all disputes, claims and causes of action arising out of or connected with this Challenge, or any prizes awarded, other than those concerning the administration of the Challenge or the determination of winners, shall be resolved individually, without resort to any form of class action;
(ii) any and all disputes, claims and causes of action arising out of or connected with this Challenge or any Prizes awarded, shall be resolved exclusively by the United States District Court of New York or the appropriate New York State Court and Makers consent to the exclusive jurisdiction and venue of such courts; and
(iii) under no circumstances will Makers be entitled to, and Makers hereby waive all rights to claim, any punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
B. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Makers and the Poster in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
15. ADDITIONAL TERMS THAT ARE PART OF THE OFFICIAL RULES
Please review the ChallengePost Terms of Service at http://challengepost.com/terms for additional rules that may apply to your participation in the Challenge and more generally your use of the Challenge Website. Such Terms of Service are incorporated by reference into these Official Rules. If there is a conflict between the Terms of Service and these Official Rules, the latter terms shall control with respect to this Challenge only.
Participation in the Contest is subject to the ObjectRocket Master Services Agreement (found at: http://www.objectrocket.com/msa).
Participation in the Challenge constitutes Maker’s full and unconditional agreement to these Official Rules. By entering, a Maker agrees that all decisions related to the Challenge that are made pursuant to these Official Rules are final and binding, and that all such decisions are at the sole discretion of the Poster and/or Administrator.
17. CONTACT INFORMATION; OFFICIAL RULES; WINNER LIST
If you wish to receive a list of winners after the Winners Announced Date, a copy of these Official Rules, or if you have any questions or comment or wish to send us any notice regarding this Challenge, please email us at Support@ChallengePost.com.
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