THE 10G FUTURE CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. INTERNET ACCESS IS REQUIRED. THIS CONTEST IS INTENDED FOR PARTICIPATION ONLY IN THE UNITED STATES AND CANADA (EXCLUDING QUEBEC) AND TO THE FULLEST EXTENT PERMITTED BY LAW SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY, UNITED STATES LAW. DO NOT PARTICIPATE IN THE CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF AND PHYSICALLY LOCATED IN THE UNITED STATES OR CANADA (EXCLUDING QUEBEC) OR YOU OTHERWISE DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THE OFFICIAL RULES BELOW.
- DESCRIPTION: The CableLabs 10G Contest (“Contest”) is a skill-based contest designed to motivate and inspire entrants to imagine how a 10 gigabyte (“10G”) network could improve our lives and society in the Work, Live, Learn or Play categories (“Categories”). The Contest will also allow members of the public to vote for Contest entries posted on the Contest website at www.10GChallenge.com (“Website”), which will be taken into consideration as part of the process of selecting a People’s Choice winner, all as more fully set forth in these Official Rules.
- SPONSOR/CONTEST PARTNERS: The Contest is sponsored by CableLabs (“Sponsor”), with its principal place of business at: 858 Coal Creek Cir, Louisville, CO 80027; in association with Mayo Clinic, Zoom Video Communications, Inc., and Corning Incorporated (“Contest Partners”) whose representatives may be appointed to one or more of the judging panels for the Contest.
- BINDING AGREEMENT: Submissions will only be accepted from an eligible individual who is the age of majority in their state or province/territory of residence and who has full rights to do so, either on his/her/their own behalf, on behalf of his/her/their team (of individuals), or on behalf of his/her/their employer (a business, organization, corporation, institution or other entity which may or may not be comprised of more than one individual) (“business entity”) (each is referred to herein as a “Participant” or “entrant”). By submitting an entry, each Participant agrees to be bound by these Official Rules and all Contest related communications from the Sponsor (collectively the “Rules”), and the decisions of the Sponsor and Judges (defined in Rule 9 below) which are final and binding in all respects. Please read the Rules prior to entry. After reading the Rules and in order to participate, you must click the “I have read and agree to the Official Contest Rules” box on the Contest entry webpage. Once you click the box, the Rules form a binding legal agreement between each Participant and Sponsor with respect to the Contest and the entry submission (referred to herein as an “entry” and/or “submission”) made by the Participant. By entering, Participant accepts the Rules on his/her/their own behalf and on behalf of his/her/their team or employer (if applicable) and each of their successors, assignees, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights by, from or through Participant.
Teams must appoint an individual team representative for contact and potential winner notification if applicable. By submitting an entry on behalf of a business entity, entrants affirmatively agree that they have been asked to do so on behalf of the business entity, and any prize award will be provided to the business entity and not the individual who submitted the entry. Similarly, by submitting an entry on behalf of a team, entrants affirmatively agree that they have been asked to do so on behalf of all team members, and any prize award will be provided to the team representative assigned by the team (and not necessarily the individual who submitted the entry) who will be solely responsible for disbursement of the prize amongst all team members. Contest Entities (as defined in Rule 4 below) disclaim all responsibility and liability relating to all of the above; by entering Participants agree to release, indemnify, defend and hold each of the Contest Entities harmless in all respects relating thereto.
IMPORTANT NOTICE: Participants have the responsibility to review and understand their business entity’s policies, laws, rules and/or regulations, tax implications, and any other limitations (collectively “policies”) regarding Participant’s eligibility to participate in promotions and/or receive prizes in connection therewith. Furthermore, if a Participant enters without obtaining the appropriate approvals, or if an individual is participating in violation of any such policies, Sponsor may, in its sole discretion, disqualify the Participant and forfeit their prize, if applicable. Contest Entities disclaim all responsibility and liability relating to the above; by entering Participants agree to release, indemnify, defend and hold each of the Contest Entities harmless in all respects thereto.
- ELIGIBILITY: The Contest is open to Participants who are legal residents of the United States or Canada (excluding Quebec) who are the age of majority in their state or province/territory of residence, at time of entry, to form valid contracts, and who have complied with the provisions of Rule 3 above. THIS CONTEST IS VOID IN ALL OTHER COUNTRIES AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. Employees, officers and directors of: (i) Sponsor, (ii) the Contest Partners, (iii) Judges, (iv) participating advertising and promotion agencies, prize suppliers, and those individuals and entities involved in the preparation of materials for, administration and/or execution of this Contest (all collectively, with Sponsor, the Contest Partners and Judges, referred to as the “Contest Entities”), and (v) the immediate family members (defined as parents, children, siblings and spouse, including step relations) regardless of where they reside, and/or individuals living in the same household (whether or not related) of any of the Contest Entities are not eligible to participate in the Contest.
- CONTEST, ENTRY, VOTING AND JUDGING PERIODS: The Contest begins at or about 12 noon U.S. Eastern Time (US-ET) on October 12, 2021 and ends at 11:59:59 P.M. US-ET on July 1, 2022 (“Entry Period”). Entries must be received during the Entry Period by Sponsor in accordance with the procedures stated in the Rules, or will not be eligible. Members of the public will be able to visit the website and vote on posted Entries beginning at or about noon US-ET on October 12, 2021 through 11:59:59 P.M. US-ET on July 1, 2022 (“Voting Period”), in accordance with Rule 10 below. All times relating to the Contest are United States Eastern Time unless otherwise stated by the Sponsor. Sponsor (or its authorized representative’s) server for the Contest is located in the U.S. and shall be the official time keeping device for the Contest. PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS. Judging of eligible submissions will be conducted between approximately July 2, 2022 and July 31, 2022 (“Judging Period”), unless shortened or extended by the Sponsor as necessary due to volume, or as otherwise deemed necessary by Sponsor.
- HOW TO ENTER: During the Entry Period, Participant must register for this Contest by completing the information requested in the official entry submission form provided on the Website. Participant must provide their full name, state/province/territory and country of legal residence, email address, and contact phone number, must indicate whether they are submitting as an individual, on behalf of a business entity or on behalf of a team (and provide a team representative as stated in Rule 3 above), indicate the Category they are entering, provide a general description of the concept of their entry to be further expressed, described and illustrated in their Entry Video (defined below), and must agree to be bound by the Rules and the decisions of the Sponsor/Judges. It is the Participant’s sole responsibility to ensure Sponsor has current contact information for the individual, business entity or team, as applicable. In general, the entry will be deemed made by the Participant identified on the entry form for purposes of the Contest. Once registered for the Contest, Participant(s) must create an original video explaining, describing and illustrating the Participant’s technology, service or application concept (collectively, “technology”), specifically (a) what problem the technology solves, with a description or demonstration of a solution, (b) why the described technology is dependent on low latency, reliability, security and/or speed and (c) how the solution impacts the way we LIVE, WORK, LEARN or PLAY (“Entry Video”). Each Entry Video must be no longer than two (2) minutes in length, must be 1080 HDTV resolution (1920×1080 pixels), 16:9 aspect ratio/widescreen in .mp4, .mov, .m4v or .avi format, may not exceed a file size of 4GB, and must comply with all Conditions of Entry set forth in Rule 7 below. Entry Videos must begin with a “title screen” that includes Participant’s name (person or company) and the title of the Entry Video. Non-compliant or incomplete entries, in whole or in part, will not be considered. Sponsor may but is not obligated to request that an entry be re-submitted for corrective reasons, so long as it complies with these Rules and is submitted by the same eligible Participant within the Entry Period. By submitting an entry, each Participant agrees that their Entry Video may be posted online on the Website for public viewing and voting. The same submission cannot be entered into this Contest more than one time, and in such event, all such submissions may be disqualified. Only one (1) prize will be awarded per Entry.
- CONDITIONS OF ENTRY: By entering this Contest, Participants hereby represent, warrant and covenant, and agree to produce written evidence of such if requested, that:
(i) The entry is the Participant’s original creation, has not been copied from any other work and has not been submitted into any other contest or received any other awards;
(ii) The entry, in whole and in part, does not violate or infringe upon any proprietary or intellectual property rights, including copyrights, trademarks, patents, trade secrets, industrial property rights, personal or moral rights, or any other rights whatsoever of any person and/or entity;
(iii) The entry, in whole and in part, is submitted to the Contest by or with the permission of all persons (living or deceased), venues and/or entities who worked on, were engaged to work on, or contributed in any respect to the entry or any part thereof, who are depicted (directly or indirectly) in the entry by name, likeness, voice, image or any other information or indicia of persona, or who otherwise have any right, title and interest in and to the entry or any part thereof (including but not limited to rights arising from a work for hire relationship), and all such persons, venues, and/or entities have provided their written consent to submission of the entry and its use pursuant to the Rules;
(iv) The entry will not depict or refer to any identifiable minor person;
(v) Participant has all other rights, licenses, permissions and consents necessary to submit the entry and to grant all of the rights granted to the Contest Entities in the Rules (and in any written Agreement signed by Participant), and the exercise thereof by the Contest Entities and/or the use by them of the rights granted by Participant, in whole or in part, does not and will not give rise to any alleged or actual claims, disputes, actions or liabilities, including but not limited to those for disputes or payment of any kind, including without limitation royalties, residuals, attribution, credit, dues, consultation or any other fees, costs, or expenses;
(vi) The entry in whole or in part contains no malware, including viruses, trojans, worms, spyware or any other harmful software, code or other devices; and
(vii) The entry in whole or in part contains no pornographic, sexually explicit (including nudity), defamatory, offensive, violent, discriminatory, cruel, abusive, highly sensitive, or illegal content, and/or technology or other content that is prohibited from export), content of an obscene or menacing character, and does not otherwise offend against reasonable standards of taste and decency.
In order to be eligible for this Contest, the submitted entry, in whole and in part must comply with all other terms stated in the Rules. By submitting an entry, Participants agree the Contest Entities are not responsible for, and Participants shall indemnify, defend, release and hold harmless each of the Contest Entities, for/from any claims, actions or disputes between a Participant and any other Participant and/or third party relating to the entry, in whole or in part.
- CATEGORIES AND JUDGING CRITERIA:There are four (4) separate Categories, LIVE, WORK, LEARN and PLAY:
- LIVE category focuses on technologies that will improve healthcare.
- WORK category focuses on technologies that can make us more productive professionals.
- LEARN category centers on technologies that make education easier and more effective.
- PLAY category highlights technologies that will make entertainment more immersive.
Eligible entries in each Category will be judged and one (1) prize will be awarded for each Category pursuant to the winner selection process described in Rule 9 below. Entries will be judged in the Category selected by the Participant at time of Contest Registration. The judging criteria to select Category Finalists (defined in Rule 9) in each Category (equally weighted) are as follows:
- Does this solution address a real customer problem or market opportunity?
- How effective is this solution at solving the stated problem or opportunity?
- How innovative is this technology for your category?
- Does this solution have long-term viability in the marketplace?
- If you were an investor, would this technology be a good investment?
Participants may enter more than once, in one or more Category, but all entries must be eligible and entirely unique and different (in Sponsor’s determination).
- OVERALL GRAND PRIZE WINNER AND CATEGORY WINNER SELECTION: During the Judging Period, eligible entries received by Sponsor will be judged by a panel of judges (“Judging Panel”) consisting of industry experts selected by Sponsor in its sole discretion using the judging criteria established for each Category as set forth in Rule 8 above (“Judging Criteria”) ranked in order of importance and scored from 1-10, 10 being highest. Assuming sufficient eligible entries are received in each Category, the Judging Panel will select the top three (3) entries in each Category (“Category Finalists”), based on their highest combined score in accordance the Judging Criteria. The Category Finalists which will then be judged by Sponsor’s Board of Directors (“BOD”) completely anew, starting with a score of zero. The BOD will judge each of the Category Finalists on the same Judging Criteria plus ‘’How well does this technology meet the goal of utilizing a gigabit of service and beyond?”, in order to select one Overall Grand Prize Winner (regardless of Category), as well as (1) First Prize winner in each Category. The Overall Grand Prize will be awarded to the Category Finalist with the highest score among all Category Finalists in all four Categories. Each Category First Prize will be awarded to the entry in each Category with the highest score, except for the Category in which the Overall Grand Prize is awarded. In that Category only, the Category First Prize will be awarded to the entry with the next highest score (after the Overall Grand Prize winner’s score). The Scores will not be made public by Sponsor at any time. The Judging Panel and BOD are collectively referred to as “Judges.”
In the event of a tie at either stage of the judging process, the tie will be broken (among the tied entries within that Category – or, in the case of the Grand Prize, among the tied entries overall) by the highest score in the first criteria listed in the Judging Criteria. If a tie still remains, the tie will be broken (among the remaining tied entries within that Category – or, in the case of the Grand Prize, among the remaining tied entries overall) by the entry with the highest score in the next listed criteria in the Judging Criteria, and so on. If any Participant selected as a potential prize recipient for a given Prize is disqualified for any reason, the next highest-scoring Participant in that Category – or, in the case of the Grand Prize, overall – will be designated as the potential recipient of that respective prize. Any and all prize awards are dependent upon and subject to verification of eligibility and compliance with these Rules. You are not a winner until verification is completed to Sponsor’s satisfaction.
- PEOPLE’S CHOICE SELECTION: All eligible Entry Videos received during the Entry Period will be posted online at the Website for viewing by members of the public. Entry Videos will be posted as received, but may be removed if subsequently deemed ineligible by Sponsor or the Judges. Participants shall indemnify, release and hold harmless the Contest Entities from any and all liability in connection with or relating to the posting (as well as possible re-posting on other sites/social media channels) or non-posting Entry Videos, or, once posted, Sponsor’s or Judges’ decision to remove such Entry Video. The preceding indemnity, release and hold harmless provision includes Participant’s waiver of liability relative to the quality and pattern/sequence/format of the posted Entry Video, as well as the manner in which the Entry Video is attributed to Participant. POSTED ENTRY VIDEOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE PARTICIPANT AND DO NOT NECESSARILY REFLECT THE VIEWS/OPINIONS OF THE SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING OF ENTRY VIDEOS AND DISCLAIMS ANY RESPONSIBILITY FOR SCREENING, MONITORING OR REVIEWING SAME PRIOR TO SUCH POSTING.
During the Voting Period, individuals age 18 or older who are legal residents of United States or Canada (excluding Quebec) will have the opportunity to access the Website and vote for the Entry Video that they believe addresses a real customer problem or market opportunity. Limit one (1) vote per person, per Entry Video. A running tally of votes per Entry Video may, but shall not be required to be made publicly available, and may or may not be accurate. Vote tally is not final until finalized and approved by Sponsor and the Judges. Participants may ask family, friends, colleagues and other individuals personally known to the Participant to vote for their Entry Video. However, apparent or suspected use of fraud, cheating, phishing or spamming, or the use of robotic or any automated system or any unauthorized method to acquire votes is prohibited, as is posting an Entry Video to any other site to obtain votes. Votes apparent or suspected of being generated by script, macro, bot, commercial sweepstakes/contest subscriptions (in any and all media) and related sites, vote exchange/swapping and similar sites (where any vote is exchanged/swapped for another in an unrelated promotion, or is purchased), incentives, contests or sweepstakes not sponsored by Sponsor, voting software, entering service sites or any other automated means or votes by any means that subvert the voting process and do not conform with the Rules will void the applicable entry and/or votes and will disqualify the voter, entry and/or Participant (as applicable) from participation in the Contest, in Sponsor’s sole and absolute discretion. The three (3) eligible Entry Videos (from all Categories combined) with the highest number of authentic votes (as determined by the Sponsor in its sole and absolute discretion) will be deemed People’s Choice Finalists. The People’s Choice Finalists will then be judged by the BOD to select one (1) People’s Choice Winner, based on the following: ’’How well does this technology meet the goal of utilizing a gigabit of service and beyond?” (“People’s Choice Judging Criteria”). In the event of a tie, the People’s Choice Winner will be determined by BOD vote (among tied Entry Videos), with the Entry Video garnering the most BOD votes declared the winner.
- GENERAL ENTRY PROVISIONS: For purposes of the Contest and pursuant to the Rules, unless otherwise specified, all materials and information submitted by an eligible Participant, in any and all media and medium, will collectively constitute the “entry”. Once submitted an entry may not be cancelled or deleted, and will not be returned. The entry as a whole will be considered and judged, but may be posted, viewed and used by the Contest Entities in whole or in part, as provided herein and by others interested in, involved with, or administering the Contest. Participants assume all risk of ineligible, damaged, lost, late, incomplete, invalid, incorrect, incompatible, non-functioning, or misdirected entries, in whole or in part. Proof that an entry is uploaded does not constitute proof or evidence that it was received within the Contest Period or eligible for the Contest. SPONSOR MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN CONNECTION WITH ITS ABILITY TO IN ANY WAY ENABLE, DEVELOP, MARKET OR PROMOTE THE PARTICIPANT, THE ENTRY, NOR THE IDEAS OR TECHNOLOGY EMBODIED OR SET FORTH IN THE ENTRY, IN WHOLE OR IN PART.
Without limitation, Sponsor reserves the right to immediately disqualify and/or remove at any time (before, during or after the Contest) any entry and/or Participant for any reason in its absolute discretion. Without limiting the foregoing, if at any time a Participant and/or winner is found to have breached, violated or failed to comply with the Rules (or any subsequent agreement), in whole or in part, at any time, or is or found at any time to have been ineligible, they will be immediately disqualified and agree to immediate return in full any and all prizes to Sponsor (if applicable).
Participants understand, recognize and accept that, without fault of the Contest Entities, other persons may have provided one or more of the Contest Entities, or others, or made public, or may in the future submit, or make public, materials that are the same or similar to Participant’s entry. Further, Participants have independent access to, may create or have created technologies, methods, materials and ideas which may be similar or identical in whole or in part to another entry in concept, theme, idea, format or other respects. In the event that an entry is identical or similar to the entry of another Participant, the Contest Entities reserve the right to score one entry higher than the other, subject to the Judging Criteria set forth herein, in the discretion of Sponsor and Judges. Entries may not be acknowledged and will not be received or held “in confidence” or “in trust” and submitting an entry does not create a confidential relationship or obligation of secrecy between Participant and any of the Contest Entities. Participants will not now or in the future be entitled to any approval, rights of compensation, or any other payment; unless adjudged and verified a winner pursuant to these Rules, and in such event, only to the extent of the prize award. Further, Participants and winners agree that by submitting an entry and/or receiving a prize in the Contest does NOT give rise to or in any way create, either express or implied, any employer/employee, joint or co-venture, principle/agent, or any other employment, fiduciary, or other relationship, between them and any one or more of the Contest Entities, or any other person or entity. The Contest Entities disclaim all responsibility and liability relating to all of the above; by entering Participants agree to release, indemnify, defend and hold each of the Contest Entities harmless in all respects thereto.
- PRIZES:Subject to receiving sufficient eligible entries, one Overall Grand Prize will be awarded, one (1) First Prize will be awarded in each of the four (4) Categories (“Category Prizes”), and one (1) People’s Choice Prize will be awarded. All prizes will be awarded in U.S. dollars. Sponsor and Contest Partners assume no liability in changing prizes from US Dollars to award winners’ local currency. Limit one (1) Prize per Participant, whether an individual, team or business entity, and regardless of the number of entries submitted by any of them. If a Participant has more than one potentially winning entry for a Category Prize, their eligible entry earning the highest score will determine the prize to be awarded.
OVERALL GRAND PRIZE (1): $100,000 USD (one hundred thousand U.S. dollars awarded in the form of a check), to be used by the winner to compel the concept described in their winning entry forward. In addition, Grand Prize winner will receive a trip for two people to/from the Cable-tec Expo (“Expo”) currently scheduled for October 2022, on specific dates and at a location to be determined (“Expo Trip”), and an opportunity to showcase their winning entry during the Expo. Expo Trip consists of roundtrip air transportation from/to major gateway airports near travelers’ residence and Expo location; and up to three (3) nights lodging (standard room/double occupancy). If winner is a team or business entity, the team representative or authorized business entity representative, as applicable, is solely responsible for selecting two people to participate in the Expo Trip. Sponsor will pay for the described Expo Trip elements up to a maximum of $5,000 USD. Winner is responsible for any Expo Trip expenses exceeding $5,000 USD. Approximate Retail Value (ARV) of Expo Trip: $5,000 USD. ARV of entire Overall Grand Prize: $105,000 USD.
CATEGORY FIRST PRIZE (1) per Category: $50,000 USD (fifty thousand U.S. dollars awarded in the form of a check), to be used by the winner to compel the concept described in their winning entry forward. In addition, each Category First Prize winner will receive the Expo Trip described in the Overall Grand Prize description above. ARV of Each Category First Prize: $55,000 USD.
IMPORTANT NOTICE FOR EXPO TRIP WINNERS: All other transportation, lodging, meals, gratuities, and all costs and expenses relating to or arising directly or indirectly out of the trip not specified as included herein are the sole cost and responsibility of Expo Trip winners. Expo Trip must be taken on dates and times specified by Sponsor, which dates and times are subject to change. Expo Trip travelers must travel on the dates specified by Sponsor. All travel arrangements must be made through a travel agent or entity selected by Sponsor. Specific air carrier(s), lodging providers and other trip specifics are at the sole discretion of Sponsor. All travel is subject to availability. Blackout dates and other restrictions may apply. Travel must originate and end at the same major gateway airport. Expo Trip travelers will be required to provide valid travel documents and passports, valid photo IDs, and inoculations as required by travel authorities at time of travel; and to obtain and maintain all insurance (including health, liability and any other insurance). Each winner acknowledges and agrees that the Contest Entities are not providers/carriers of transportation, or insurance providers. No changes will be made to travel details once any element(s) of the travel arrangements have been booked. Prize conditions may be added or modified by Sponsor. Contest Entities are not responsible for any changes of any element of Expo Trip including but not limited to any expenses incurred as a consequence of missed flights, flight changes, cancellation or delays. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. Any unclaimed and/or unused element of the Expo Trip will remain the property of Sponsor/Contest Partners, as applicable. In the event an Expo Trip traveler and/or their guest engage in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, is obnoxious or threatening, dangerous, illegal, disorderly, or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Expo Trip early, in whole or in part, and to send the traveler and guest home with no further compensation.
PEOPLE’S CHOICE PRIZE: $10,000 USD (ten thousand U.S. dollars awarded in the form of a check).
All prize awards are contingent upon verification of potential winner, confirmation of their eligibility to receive a Prize, and compliance with the Rules. Prize winners must be able to accept the prize in its entirety or not at all, or else prize may be forfeited (in Sponsor’s sole and absolute discretion). All potential winners of prizes will be notified by e-mail or telephone (in Sponsor’s absolute discretion) using the information provided in the entry. Potential winners will be required to sign and return an Affidavit (or Declaration) of Eligibility, Release of Liability, and where legal, Publicity Release for receipt by Sponsor within the time/date specified by Sponsor, or else prize will be forfeited in its entirety and an alternate winner will be selected in accordance with their score within the applicable Category or People’s Choice selection process, as applicable, assuming sufficient eligible entries are received. In the event a potential winner cannot be reached using the contact information provided on the entry on or within two (2) separate attempts, the prize will be forfeited and an alternate potential winner will be selected in accordance with their score as stated above. Prizes are not assignable or transferable in whole or in part. No prize substitutions allowed, in whole or in part, except that Sponsor reserves the right to substitute a prize of comparable value. In no event will Sponsor or Contest Partners be responsible for awarding more than the stated value/number of prizes.
TAXES: All winners are solely responsible for any local, provincial, territorial, state, federal/country or any other applicable taxes, compliance with (governmental) reporting, filing and documentation requirements, and for any other costs, expenses and fees connected with their acceptance and use of the Prize in their respective jurisdictions. Prizes will be awarded to and in the name of the individual Participant, assigned team representative, or business entity, as applicable.
In the event of disqualification for noncompliance, ineligibility, if a potential winner refuses or fails to complete and return release documents as directed on or within the time stated, or for any other reason, that prize will be forfeited in its entirety and Sponsor will award that respective prize to an alternate potential winner as stated above. Returned, undelivered, unclaimed, or un-awarded prizes will not be (re)awarded. Sponsor shall have the right, where necessary, to undertake all action and/or require further information as is reasonable to protect itself, or any of the Contest Entities against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding a prize to any Participant.
Without limiting any other right or term herein, a Participant may be disqualified from the Contest if, in Sponsor’s absolute discretion, it reasonably believes the Participant has, appears to, or has attempted to undermine the legitimate operation of the Contest by cheating, deception, fraud, using multiple identities, engaging in illegal activities, or other unfair practices, or has or attempts to annoy, abuse, threaten, harass or intimidate any other Participant, any of the Contest Entities, or any other person or entity.
Participants acknowledge that entries may be subject to United States export laws, regardless of location or nationality. Participants agree to comply with all applicable export controls, including, but not limited to, the United States Department of Commerce’s Export Administration Regulations, sanctions programs administered by the United States Treasury Department’s Office of Foreign Assets Control, and any export laws applicable in Participant’s country of residence. Participant further warrants that their entries are authorized for export from the United States under these laws.
- INTELLECTUAL PROPERTY RIGHTS: As between Contest Entities and the Participant, the Participant has and retains all intellectual and proprietary rights in and to the entry that Participant had at time of submission of the entry. Participant grants Contest Entities a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, publicly perform, publicly display and create a derivative work from, any entry in whole or in part that Participant submits to this Contest for the purposes of allowing Contest Entities to test and evaluate the entry for purposes of this Contest, to administer the technical and other requirements of the Contest including distribution of the entry to the Contest Entities, and for prize award verification.
- RELEASE AND INDEMNIFICATION:In addition to any and all other indemnification and release provisions contained in these Official Rules, to the maximum extent permitted by law, Participants and winners agree to release, indemnify, defend and hold harmless (“release”) Sponsor, Contest Partners, and all other Contest Entities, their parents, affiliates, subsidiaries and divisions, and their respective directors, officers, employees and agents (collectively, “Released Parties”) from and against any and all threatened or actual actions, liabilities, claims, demands, losses, settlements, fines, damages, costs and expenses (including reasonable attorney fees) whether or not litigation is commenced (“dispute”) arising at any time from participation in the Contest, the entry (in whole or in part), any Contest and/or prize-related activity or inability to participate in or parts thereof, the delivery, acceptance, use, mis-use of a prize or any failure with respect thereto, personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory, any act, default, omission, non-compliance, and/or a violation or breach of any agreement, representation, warranty or covenant made herein, or any other agreements by/with Participant, the Contest Entities, and/or any other party or entity. Further, to the maximum extent permitted by law, and without limiting the foregoing, Participants and winners agrees to release the Released Parties from and against any and all threatened or actual disputes arising at any time directly or indirectly from any dispute brought by any persons or entities (who may be other than a party to the Rules) arising from or related to an entry, participation and/or involvement in any other respect with the Contest, and/or the delivery, acceptance, use, mis-use of a prize or any failure with respect thereto. Participants and winners covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Contest Entities of any term in the Rules does not constitute a waiver of any other provision.
LIMITATION OF LIABILITY: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTEST, PARTICIPATION IN THE CONTEST, ANY CONTEST ACTIVITIES OR ELEMENTS THEREOF, INCLUDING BUT NOT LIMITED TO THE SUBMISSION OF AN ENTRY, PARTICIPANT’S ACCESS TO AND USE OF THE PROMOTIONAL WEBSITES OR THE UPLOADING OF MATERIALS TO THE WEBSITE, AND/OR THE DELIVERY, ACCEPTANCE AND/OR USE/MISUSE OF A PRIZE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- NETWORKS AND CANCELLATION:Released Parties are not responsible for typographical error; technical, network, computer, digital, telephone, cable, electronic, or hardware or software malfunctions, failures, connections, problems; incompatibility; unavailable, garbled, corrupt, or jumbled transmissions; service provider, Internet, web site, blog site, user net accessibility, availability or congestion; unauthorized human intervention or security breach; the unauthorized access to, alteration of entries in whole or in part, the incorrect or inaccurate capture or processing of entries, or other information, or the failure to process, collect or communicate any such information; electronic errors, omissions, interruptions, deletions, defects, and/or delays; or loss, theft or destruction of any entry, or other Contest related materials or information, in whole or in part. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, cheating, technical failures, a force majeure event, or any other causes similar or dissimilar which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select only potential winners (including, as applicable, in each Category) from eligible, non-suspect entries received (prior to the event or otherwise), but only if doing so is deemed fair and equitable in Sponsor’s determination under the circumstances. Any attempt by a Participant to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of U.S. criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify Participant and seek damages from any such Participant to the fullest extent of the law.
- DISPUTES: TO THE FULLEST EXTENT PERMITTED BY LAW, THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF COLORADO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. AS A CONDITION OF PARTICIPATING IN THIS CONTEST, EACH PARTICIPANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY BEFORE A COURT LOCATED IN THE COUNTY OF BOULDER, COLORADO HAVING JURISDICTION. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ALL CAUSES OF ACTION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED OR THE SHORTEST TIME ALLOWED BY APPLICABLE LAW, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
- WINNER’S LIST:Winners of Prizes will be posted at www.10GChallenge, anticipated to be available on or within ten (10) days of winner verification and confirmation.
For a copy of these Official Rules, go to www.10GChallenge.com. Sponsor reserves the right, without notice or prior approval, to modify or supersede these Official Rules in its sole reasonable discretion and in such event will post revised Rules on the Site, which will continue to govern all aspects of the Contest.