Makers Against Drought Official Rules – (the “Official Rules”)
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Challenge Name: Makers Against Drought (the “Challenge”)
Challenge Website: http://artik.challengepost.com (the “Challenge Website”)
Poster (the “Poster”): Samsung Semiconductor, Inc. acting through the Samsung Strategy & Innovation Center, 2440 Sand Hill Road, Suite 302, Menlo Park, CA 94025.
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 Submission Period: May 12, 2015 (10:00am Pacific Time) – April 1, 2016 (5:00pm Pacific Time) (the “Challenge Submission Period”)
Judging Period: April 2, 2016 (10:00am Pacific Time) –April 22, 2016 (5:00pm Pacific Time) (the “Judging Period”)
Public Voting Period: April 2, 2016 (10:00am Pacific Time) –April 22, 2016 (5:00pm Pacific Time) (the “Public Voting Period”)
Finalist, Honorable Mention, & Popular Choice Awards Announced: On or around April 23, 2016 (2:00pm Pacific Time)
Finalist Building Period: April 23, 2016 (10:00am Pacific Time) – June 17, 2016 (5:00pm Pacific Time) (the “Finalist Building Period”)
Finalist Judging Period: June 18, 2016 (6:00pm Pacific Time) – June 28, 2016 (5:00pm Pacific Time) (the “Finalist Judging Period”)
NOTE: The judging of Submissions to the Challenge will consist of two phases: (1) the selection of Finalists from the eligible Submissions during the Judging Period, and (2) the selection of the Grand Prize Winner from the Finalists, based on in-person or virtual presentations given by Finalists during the Finalist Judging Period. Prior to the Finalist Judging Period, Finalists will continue working on Solutions entered in the Challenge during the Finalist Building Period.
Grand Prize Winner Announced: On or around July 1, 2016 (2:00pm Pacific Time)
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 as of the time of entry
- teams of eligible individuals
- teams of eligible individuals entering on behalf of 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, and employ no more than 50 people (“Organizations”)
(the above are collectively, “Makers”)
An individual may join more than one team, or Organization, and an individual who is part of a team or Organization may also enter the Challenge on an individual basis.
If a team or Organization is entering the Challenge, they must appoint and authorize one individual (the “Representative”) to represent, act, and enter a Submission, on their behalf. The Representative must meet the eligibility requirements above. By entering a Submission on the Site on behalf of a team or organization, you represent and warrant that you are the Representative authorized to act on behalf of your team or Organization.
B. The Challenge IS NOT open to:
- individuals who are residents of, or Organizations domiciled in, a country, state, province or territory where the laws of the United States or local law prohibits participating or receiving a prize in the Challenge (including, but not limited to, Brazil, Quebec, Italy, and Cuba, Sudan, Iran, North Korea, Syria and any other country designated by the United States Treasury's Office of Foreign Assets Control)
- organizations involved with the design, production, paid promotion, execution, or distribution of the Challenge, including Poster and Administrator (“Promotion Entities”)
- any parent company, subsidiary, or other affiliate*** of a Promotion Entity
- employees, contractors, representatives and agents** of the organizations described above, and all members of their immediate family or household*
- any government owned entity (“GOE”)**** whose responsibilities include services, policies, or regulations related to water
- any other individual involved with the design, production, promotion, execution, or distribution of the Challenge, and each member of their immediate family or household*
- any Judge (defined below), or company or individual that employs a Judge
- any other individual or organization whose participation in the Challenge would create, in the sole discretion of the Poster and/or Administrator, a real or apparent conflict of interest
*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.
**Agents include individuals or organizations that in creating a Submission to the Challenge, are acting on behalf of, and at the direction of, a Promotion Entity through a contractual or similar relationship.
***An affiliate is: (a) an organization that is under common control, sharing a common majority or controlling owner, or common management; or (b) an organization that has a substantial ownership in, or is substantially owned by the other organization.
****A Government Owned Entity (“GOE”) is defined as an organization/individual who meets any of the following criteria: Governmental bodies and employees - national, state, provincial, local, municipal government - and any department, agency, public enterprise or instrumentality of a government; State owned hospitals, schools, utilities; State owned enterprises (whether wholly or partly owned); Public international organizations; Private companies controlled fully or partly by or under common control with any of the above; a political party or party official, or any candidate for political office. GOE also includes GOE customers who may consist of: public schools, utilities and organizations licensed to provide public services; public international organizations, such as the United Nations or World Health Organization; entities subject to public procurement laws and regulations; other entities, even those that are privately held and those that are publicly traded, if a government, a public international organization, an entity subject to public procurement laws or a government official, owns or has the ability to exercise control over such entity; and U.S. Federal Clients, including: (i) executive, legislative and judicial branches of the U.S. Federal government, (ii) U.S. Government-affiliated corporations (e.g., Tennessee Valley Authority), (iii) quasi-governmental organizations (e.g., The Smithsonian Institution), (iv) commercial business enterprises operating under a U.S. Federal government power of attorney, or with Management Operating Contractor (MOC) status.
4. SUBMISSION REQUIREMENTS
Makers must do the following to participate in the Challenge:
- Register for the Challenge on the Challenge Website by clicking the “Register for this Challenge” 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. This will enable you receive important updates and access the “Enter a Submission” page.
- Apply for the Samsung ARTIK Alpha Developer Program (“Developer Program”) for the Samsung ARTIK IoT Platform at www.artik.io, and state in your application that you intend to participate in the Challenge.
- Samsung ARTIK Development Kits (“Developer Kits”) will be provided to Makers who apply to become part of the Developer Program at http://artik.io. Applications to the Developer Program will be reviewed on a rolling basis, in the order they are received. To apply, Makers must complete the application form and the “Any additional comments on developing with ARTIK?” field by specifying the idea or solution they plan to submit relating to the Challenge goal of helping solve the California water crisis. Ideas or solutions must be technically feasible.
- Makers are strongly encouraged to apply before May 31, 2015, as there are a limited number of Developer Kits. Participation in the Developer Program is free for Makers with approved applications.
- Using the Developer Kit, create a solution that could help solve the California water crisis and its replicability to other parts of the world.
- Create a video that includes footage that clearly explains your solution’s features and functionality through a comprehensive demonstration.
Complete and enter all of the required fields on the “Enter a Submission” page of the Challenge Website (each a “Submission”) during the Challenge Submission Period, and follow the requirements below.
A. 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. Solution Requirements
(i) What to Create: Makers must use the Samsung ARTIK IoT Platform andSamsung ARTIK Developer Kit to create a solution that could help solve the California water crisis and its replicability to other parts of the world. (each a “Solution”).
(ii) Functionality: The Solution must be a fully functioning prototype, capable of running consistently and successfully, and must function as depicted in the video and/or expressed in the text description.
(iii) New & Existing: Solutions must be either newly created by the Maker or, if the Solution existed prior to the Challenge Submission Period, must have integrated with the requiredSamsung ARTIK IoT Platform and added substantial new functionality as a result of that integration, after the start of the Challenge Submission Period.
(iv) Testing: The Poster reserves the right, at their sole discretion, to require access to the Solution for testing and validation purposes. Access for testing is not required at the time of submission. However, a Maker whose Solution is considered for a Prize may be required to demonstrate the functionality of their Solution either in-person or via a remote demonstration session prior to the announcement of the Finalist and Honorable Mention Awards and again prior to the announcement of the Grand Prize Winner, if the Maker’s Solution is a Finalist. NOTE: Makers will be required to upload a file including the source code for the Solution as part of the Submission.
(v) Multiple Submissions: A Maker may submit more than one Submission, however, each Submission must be unique and substantially different from any other Submission from the same Maker. The Poster will determine, in their sole discretion, whether or not multiple Submissions from the same Maker are unique.
(vi) Platform Integration: Solutions may integrate with any other platform or software application, including but not limited to native mobile applications and web applications, as long as the required Samsung ARTIK IoT Platform is utilized in the primary functionality of the integrated Solution.
(vii) SDKs, APIs, & Data: Solutions may integrate SDKs, APIs and data, provided the Maker is authorized to use them.
(viii) Intellectual Property: Your Submission must: (a) be your (or your team or Organization’s) original work product; (b) be solely owned by you, your team, or your Organization with no other person or entity having any right or interest in it; and (c) not violate the intellectual property rights or other rights including but not limited to copyright, trademark, patent, contract, and/or privacy rights, of any other person or entity. A Maker may contract with a third party for technical assistance to create the Submission provided the Submission components are solely the Maker’s work product and the result of the Maker’s ideas and creativity, and the Maker owns all rights to them. A Maker may submit a Submission that includes the use of open source software or hardware, provided the Maker complies with applicable open source licenses and, as part of the Submission, creates software that enhances and builds upon the features and functionality included in the underlying open source product. By entering the Challenge you represent, warrant, and agree that your Submission meets these requirements.
(ix) Financial or Preferential Support: An Solution must not have been developed, or derived from an Solution developed, with financial or preferential support from the Poster or Administrator. Such Solutions include, but are not limited to, those that received funding or investment for their development, were developed under contract, or received a commercial license, from the Poster or Administrator any time prior to the end of Challenge Submission Period. The Poster, at their sole discretion, may disqualify an Solution, if awarding a prize to the Solution would create a real or apparent conflict of interest.
C. Text Description, Image, Video, and File Upload Requirements
(i) Text Description: The text description should explain the features and functionality of your Solution and how it could help solve the California water crisis.
(ii) Images: The image(s) should be photographs or screenshots of your working Solution.
(iii) Video: The video portion of the Submission:
a. should be less than five (5) minutes;
b. must include footage that through a comprehensive demonstration clearly explains the Solution’s features and functionality, integration with the ARTIK IoT Platform, and how the Solution could help solve the California water crisis;
c. must be uploaded to YouTube, Vimeo, or Youku, and a link to the video must be provided on the submission form on the Challenge Website; and
d. must not include third party trademarks, or copyrighted music or other material unless the Maker has permission to use such material.
(iv) File Upload: Makers must include the Solution’s source code as an uploaded file in their Submission. The Solution source code will not be made public and will only be used for the verification and testing of the Solution by the Poster.
5. SUBMISSION RIGHTS
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, you grant to the Poster, Administrator, and any other third parties acting on the Poster’s behalf, a royalty-free, non-exclusive, sublicensable, 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 and promotion of the Submission in any other media, worldwide. Notwithstanding anything herein to the contrary, the Poster may use Residuals (as defined herein) for any purpose, including without limitation, use in design, development, manufacture, promotion, sale and maintenance of its products and services. The term “Residuals” means any information retained in the unaided memory of a Poster agent or employee, who has had access to a Submission.
C. Submission Display:The following Submission components may be displayed to the public: name, description, images, video URL, website, URL, team members, the Submission category and platform, and submitter type. Other Submission materials may be viewed by the Poster, Administrator, and Judges for screening and evaluation.
D. Makers represent and warrant that the Poster, ChallengePost, 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.
With the exception of the Popular Choice Award described below in Section 7, Prizes will be awarded based on the scoring of eligible Submission by one or more panels of judges and, if applicable, participation in the Finalist Building Period and Finalist Judging Period.
A. Judges: Eligible Submissions will be evaluated by a panel of judges selected by the Poster (the “Judges”). Judges may be employees of the Poster or external, may or may not be listed individually on the Challenge Website, and may change before or during the Judging Period. Judging may take place in one or more rounds with one or more panels of Judges, at the discretion of the Poster.
B. Criteria: The Judges will score, using their judgement and discretion, eligible Submissions using the following criteria (the “Judging Criteria”):
(i) Quality of Idea (Includes creativity and originality of the idea);
(ii) Implementation of Idea (Includes how well the idea was executed by the developer and how well the Solution utilizes the Samsung ARTIK IoT Platform);
(iii) Potential Impact on the California Water Crisis or World Water Consumption (Includes the extent to which the Solution could potentially impact those affected by the California water crisis, and its replicability to other parts of the world; and
(iv) User Experience (Includes the Solution’s level of usability and user design).
C. Determination of Finalists and Honorable Mention Awards: The Maker(s) whose Submissions earn the highest overall scores based on the applicable Judging Criteria, will become potential winners of the Finalist and Honorable Mention Prizes described in Section 7. IMPORTANT NOTE: In order to be eligible to receive a Finalist Prize described in Section 7, a potential Finalist winner will be required to continue working on their Solution during the Finalist Building Period and must participate in an in-person or virtual demonstration of their Solution during the Finalist Judging Period.
D. Determination of Grand Prize Winner: Finalists will continue working on the Solutions they entered in the Challenge during the Finalist Building Period. During the Finalist Judging Period, Finalists will be required to present the latest version of their Solution, through an in-person or virtual demonstration. Finalist Solutions will be re-evaluated using the Judging Criteria above, during the Finalist Judging Period. The Finalist whose Solution earns the highest overall score based on the applicable Judging Criteria during the Finalist Judging Period, will become potential winner of the Grand Prize described in Section 7.
E. Submission Review: JUDGES are not required to test the Solution and may choose to judge based solely on the text description, IMAGES and video provided in the Submission.
F. Tie Breaker: For each Prize listed in Section 7 below, 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. If two or more Submissions are tied on all applicable criteria, the panel of Judges will vote on the tied Submissions.
The Finalist whose Solution earns the highest overall score from the Judges based on the Judging Criteria, after an in-person or virtual demonstration of the Solution during the Finalist Judging Period
The Makers whose eligible Submissions earn the ten highest scores from the Judges during the Judging Period AND who continue to work on their Solutions during the Finalist Building Period and participate in an in-person or virtual demonstration during the Finalist Judging Period
The Makers whose eligible Submissions receive the 11th – 20th highest scores from the Judges during the Judging Period based on the Judging Criteria
Popular Choice Award
Determined by public voting on the Challenge Website and awarded to the Maker whose eligible Submission receives the highest number of verified votes on the Challenge Website during the Public Voting Period**
**Please review the ChallengePost Terms of Service at http://ChallengePost.com/terms for voting rules.
8. VERIFICATION OF POTENTIAL WINNERS
A. Verification Requirement: THE AWARD OF A PRIZE TO A POTENTIAL WINNER IS SUBJECT TO VERIFICATION OF THE IDENTITY, QUALIFICATIONS AND ROLE OF THE POTENTIAL WINNER IN THE CREATION OF THE SUBMISSION. The final decision to designate a winner shall be made by the Poster.
B. Required Forms: Potential winners will be notified using the email address associated with the ChallengePost account used to enter the Submission (the submitter is the “Representative” in the case of a team or Organization. In order to receive a Prize, the potential winner (including all participating team members in the case of a team or Organization) will be required to sign and return to the Poster or Administrator, affidavit(s) of eligibility (or a similar verification document) and liability/publicity release(s), and any applicable tax forms (“Required Forms”).
Deadline for Returning Required Forms: ten (10) business days after the Required Forms are sent. NOTE: Required Forms for potential winners of the Finalist Prizes described in Section 7 will be distributed after the Finalist Building Period and Finalist Judging Period.
C. Disqualification: The Poster and/or Administrator may deem a potential winner (or participating team members) ineligible to win if:
(i) the potential winner’s Representative or any participating member does not respond to multiple emails or fails to sign and return the Required Forms by the deadline listed above, or responds and rejects the Prize;
(ii) the Prize or Prize notification is returned as undeliverable;
(iii) the potential winner of a Finalist prize does not continue working on their Solution during the Finalist Building Period and does not participate in an in-person or virtual demonstration of their Solution during the Finalist Judging Period; or
(iv) the Submission or the potential winner, or any member of a potential winner’s team, or Organization, is disqualified for any other reason
In the event of a disqualification, the Poster and/or Administrator may award the applicable Prize to an alternate potential winner.
9. PRIZE DISTRIBUTION
A. Substitutions & Changes: The Poster has the right to make a Prize substitution of equivalent or greater value. 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.
B. Prize Delivery: A monetary Prize will be mailed to the winning Maker’s address (if an individual) or the Representative’s address (if a team or Organization) after receipt of the Required Forms. Prizes will be payable to the Maker, if an individual, to the Maker’s Representative, if a team, or to the Organization, if the Maker is an Organization. It will be the responsibility of the winning Maker’s Representative to allocate the Prize among their team or Organization’s participating members, as the Representative deems appropriate.
C. Prize Delivery Timeframe: Within 45 days of the Poster or Administrator’s receipt of the Required Forms
D. Fees & Taxes: Winners (and in the case of team or Organization, all participating members) are responsible for any fees associated with receiving or using a prize, including but not limited to, wiring fees. Winners (and in the case of team or Organization, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). Winners may be required to provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed form W-9 and residents of other countries are required to provide a completed W-8BEN form. Winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Prize to relevant government departments/agencies, if necessary. The Poster, Administrator, and/or Prize provider reserve the right to withhold a portion of the prize amount to comply with the tax laws of the United States or other Poster jurisdiction, or those of a winner’s jurisdiction.
10. ENTRY CONDITIONS AND RELEASE
A. By entering the Challenge, you (and, if you are entering on behalf of a team or 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 release, indemnify, defend and hold harmless the Poster, Administrator, Promotion Entities, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Challenge, 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 entry, creation of Submission or entry of a Submission, participation in the Challenge, acceptance or use or misuse of the 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.
B. 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.
The Released Parties are not responsible for 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.
By participating in the Challenge you consent to the use of personal information about you, if you are a winner, by the Poster, Administrator, and third parties acting on their behalf. Such personal information includes, but is not limited to, your name, likeness, photograph, voice, opinions, comments and hometown and country of residence. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes.
The duration of your consent is for a period of three years following the conclusion of the Challenge. This consent applies, as applicable, to all members a Maker’s team or Organization that participated in the winning Submission.
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 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 Challenge Submission form, Challenge Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the 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, the Poster and the 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. If at any time prior to the deadline, a Maker or prospective Maker believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification.
G. 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.
H. Excluding Submissions, all intellectual property related to this Challenge, including but not limited to copyrighted material, trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by the Poster and/or Administrator. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited. Any use in a Submission of Poster or Administrator intellectual property shall be solely to the extent provided for in these Official Rules.
13. LIMITATIONS OF LIABILITY
By entering, all Makers (including, in the case of a team or 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 waives 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 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 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.
If you have any questions or comment, or wish to send us any notice regarding this Challenge, please email us at Support@ChallengePost.com.