Kandy Communications Challenge 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: Kandy Communications Challenge (the “Challenge”)

Challenge Website: http://kandy.challengepost.com (the “Challenge Website”)

 

1. POSTER [& ADMINISTRATOR]

Poster (the “Poster”): GENBAND US LLC, 2801 Network Boulevard, Suite 300, Frisco, TX 75034, USA.

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: January 19, 2015 (4:30pm Eastern Time) – June 23, 2015 (5:00pm Eastern Time) (the “Challenge Submission Period”)

Judging Period: June 30, 2015 (10:00am Eastern Time) – July 14, 2015 (5:00pm Eastern Time) (the “Judging Period”)

Public Voting Period: June 30, 2015 (10:00am Eastern Time) – July 14, 2015 (5:00pm Eastern Time) (the “Public Voting Period”)

Winners Announced: On or around July 29, 2015 (2:00pm Eastern Time) 

The Administrator will be the official timekeeper for the Challenge.

 

3. ELIGIBILITY

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
  • 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 fifty (50) people (“Organizations”)
  • Organizations that employ more than fifty (50) people (“Large Organizations”)

(the above are collectively, “Makers”)

Each Maker must sign up for a new, free Kandy account for use in the Challenge (see instructions below in Section 4).

An individual may join more than one team, Organization, or Large Organization and an individual who is part of a team, Organization, or Large 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 or Large 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, Quebec, Brazil, 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”)
  • employees, representatives and agents** of such organizations, 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 each member of their immediate family or household*
  • any Judge (defined below), or company or individual that employs a Judge
  • any parent company, subsidiary, or other affiliate*** of any organization described above
  • 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 acting on behalf of, and at the direction of, a Promotion Entity through a contractual or other 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 owns equity in, or is partially owned by the other organization.

Additional Prize specific eligibility requirements are stated below in Section 9.

 

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” 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.
  • Sign up for a new free Kandy Developer account by completing the following steps. There is no charge for creating a Kandy account.
    • Go to the Resource page on the Challenge Website at http://kandy.challengepost.com/details/resources and complete the form to receive a promo code for use in the Challenge.
    • Visit http://www.kandy.io, enter your email address, and press the “Get Kandy” button. Validate your account by clicking the link in the “Kandy Access Request” email. Complete the form online and be sure to include the promo code you received on the Challenge Website.

PLEASE NOTE THE FOLLOWING REGARDING YOUR KANDY ACCOUNT:

  • All Makers must create a new free Kandy account for use in the Challenge using a promo code provided on the Challenge Website, regardless of whether the Team, Organization, Large Organization, Representative, or individual Maker has a preexisting Kandy account.
  • The Kandy account created using your promo code provides for the following usage:

 

Element

User Limit

Domain Limit

IP Video Minutes

400

2,000

IP Voice Minutes

400

2,000

Text Messages

400

2,000

File Messages

400

2,000

PSTN Minutes

120

600

  

  • The Poster may provide additional usage credits to all Makers registered for the Challenge, at their sole discretion. Makers may not pay for additional usage for the Kandy account utilized by the Submission entered in the Challenge. A Submission entered in the Challenge that incurs charges for usage may be disqualified at the sole discretion of the Poster and/or Administrator.
  • Create a new working software application that integrates the Kandy API, or update an existing application with the Kandy API.
  • Create a video that includes footage that clearly explains your application’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. Application Requirements

(i) What to Create: Makers must create a working software application that uses the Kandy API (each an “Application”).

(ii) 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/or expressed in the text description.

(iii) Platforms: A submitted Application must run on at least one of the following:

  • 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
  • Web or mobile web
  • Windows desktop computer
  • Mac desktop computer
  • Kindle
  • Other hardware (including, but not limited to, the Maker’s own custom hardware, wearable technology, and open source hardware)

(iv) 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 the Kandy API after the start of the Challenge Submission Period.

(vi) 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.

If the Application includes software that runs on proprietary or third party hardware that is not widely available to the public, including software running on devices or wearable technology other than smartphones, tablets, or desktop computers, the Sponsor and/or Administrator reserve the right, at their sole discretion, to require the Maker to provide physical access to the Application hardware upon request.  

For Applications running on widely available smartphones, tablets, or desktop computers, Makers may make their Application available using one of the following methods: 

a. Android Applications:Upload an .apk file on the Enter a Submission form 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 “Website URL” field on “Enter a Submission” form. 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 a test build to the Administrator before the end of the Challenge Submission Period using one of the following methods:

1. Beta by Crashalytics

You may send the Administrator a beta test via Crashalytics. Use the Administrator’s testing email (testing@challengepost.com) and UDID’s to provision a build and send the Administrator a link via the “Share Links” button. Add the testing link to the Enter a Submission form under “iOS Build Link”.  Beta by Crashalytics is a free service. Please review the how-to for their Beta Distribution tool.

Administrator UDIDs:

  • iPad (iOS 6.0.1) 6a2cb1d4ba2d242db1db48c59c91744cebfc68a9
  • iPod Touch 4th Gen (iOS 5.0.1)13d9c9e50d705446c07fc5d2c3c3144c69ffc576
  • iPhone 5 (iOS 8.3) 4c4270daadcf6f2dcd38ef407c38c01c3fa849b8
  • iPhone 5 (iOS 8.3) c94acc0069278cee4b38e4d27ae3f838bf50aa79

2. TestFlight / iTunes Connect

Enter the Administrator’s email address to share a build for testing. The Administrator’s TestFlight account email is: testing@challengepost.com. Please note that if you add the Administrator as an “External Tester” your Application will need to go through Beta App Review before you can send your build. This could lead to delay and in order for your Submission to be eligible, you must send your test build before the end of the Challenge Submission Period. To learn more about TestFlight via iTunes Connect, please review the iTunes Connect Developer Guide and the TestFlight Video Tutorial.

3. HockeyApp

Send a testing link to the Administrator at: testing@challengepost.com, and add the testing link on the Enter a Submission form under “iOS Build Link”. Please note that there is a fee to use HockeyApp.

c. Windows Phone applications:Upload an .xap file in the Enter a Submission form or provide a link for downloading your Application in the “Testing Instructions” field on the Enter a Submission form.

d. Windows PC:Upload the appropriate installation files (.exe) on the Enter a Submission form or provide a link for downloading your .exe file in the “Testing Instructions” field on the Enter a Submission form.

e. BlackBerry:Upload the appropriate installation files on the Enter a Submission form or provide a link for downloading your installation file in the “Testing Instructions” field on the Enter a Submission form.

f. Mac OS:Upload the appropriate installation files on the Enter a Submission form or provide a link for downloading your installation file in the “Testing Instructions” field on the Enter a Submission form.

g. Web/Mobile Web:Provide a link for accessing your Application on the “Testing Instructions” field on the Enter a Submission form.

h. Kindle: Upload the appropriate installation files on the Enter a Submission form or provide a link for downloading your installation file in the “Testing Instructions” field on the Enter a Submission form.

(vi) Public Distribution: The Maker may make the Application available to the public via a website or online store, but is not required to do so.

(vii) Multiple Submissions: A Maker may submit more than one Submission, however, each Submission must be unique, as determined by the Poster and/or the Administrator.

(viii) SDKs, APIs, & Data: Applications may integrate SDKs, APIs and data, provided the Maker is authorized to use them.

(ix) 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.

(x) Financial or Preferential Support: An Application must not have been developed, or derived from an Application developed, with financial or preferential support from the Poster or Administrator. Such Applications 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 Application, if awarding a prize to the Application would create a real or apparent conflict of interest.

C. Text Description, Image, and Video Requirements 

(i) Text Description: The text description should explain the features and functionality of your Application and how it utilizes the Kandy API.

(ii) Images: The image(s) should be photographs or screenshots of your working Application. 

(iii) Video: The video portion of the Submission: 

a. should be less than five (5) minutes;

b. must include footage that clearly explains the Application’s features and functionality through a comprehensive demonstration;

c. must be uploaded to YouTube or Vimeo, 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.

 

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, 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.
 
C. Submission Display: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.
 
D. 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.
 

6. JUDGING

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 eligible Submissions using the following criteria (the “Judging Criteria”):

(i) Quality of Idea (Includes creativity and originality of the idea. Is the idea brand-spanking new? Or an old favorite with a new Kandy-covered shell?);

(ii) Implementation of Idea (Includes how well the idea was executed by the developer and the extent to which it utilizes the Kandy API); and

(iii) Solution Sweetness and Crunch (Includes the extent to which the Application could impact the life of the user.)

The Judging Criteria above may not apply to every Prize. See section 8 below for the Judging Criteria that apply for each Prize. The Maker(s) that are eligible for a Prize, and whose Submissions earn the highest overall scores based on the applicable Judging Criteria, will become potential winners of that Prize.

C. Submission Review: 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. 

D. Tie Breaker: For each Prize listed in Section 8 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.

 

7.PUBLIC VOTING

The Popular Choice Award, described below in Section 8, will be determined by public voting. Public voting will take place during the Public Voting Period. The Poster and/or Administrator have the right to extend the Public Voting Period at any time for any reason.

The Popular Choice Award winner will be the eligible Submission with the highest number of verified votes received on the Challenge Website during the Public Voting Period. Verified vote counts will be determined by the Administrator. If there is a tie between two or more Submissions, the winner will be the Submission with the highest score from the Judges based on the Judging Criteria, and if applicable the Tie Breaker procedure, described above in Section 6.

Public voting is open to any person with a verified ChallengePost account. Each person is limited to one vote per Submission and may only vote using one account. Makers may not directly or indirectly offer or pay any monetary or other form of consideration in exchange for a vote.

You many not use any manual or automated vote process or methods, or multiple e-mail addresses, to circumvent the one-vote limit per person per Submission. Doing so will subject all of your votes to disqualification. The Poster and/or Administrator may also disqualify a Maker, if the Maker receives multiple or irregular votes from the same user or users, receives votes in a manner that indicates manual, automated or other vote manipulation, or attempts to compensate voters.

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 the Popular Choice Award winner by using non-suspect votes, or by any other means they deem appropriate. If no alternative means of determining a winner of the Popular Choice Award is available or selected, the Poster may terminate the Popular Choice Award without designating a winner.

The Poster and Administrator are not responsible for, and are not required to count any vote which, in their judgment, is incomplete, late, misdirected, damaged, unlawful or illicit. This includes votes secured in breach of the voting rules above, as well as those lost for technical reasons, or otherwise in violation of these Official Rules.

 

8. PRIZES

Winner

Prize 

Quantity

Eligible Makers

Applicable Judging Criteria

Grand Prize

US$10,000

1

All except Large Organizations

I, ii, iii

Runners Up

US$1,000

 

10

All except Large Organizations

I, ii, iii

Kandy Paint Prize

US$2,500

 

1

All except Large Organizations

Awarded at the discretion of the Judges to the Application with the sweetest addictive quality, with the best user experience and interface design. This Application not only makes you want to keep using it, but run and tell all of your friends to use it, too.

Best Student-made App

US$2,500

 

1

Students (see Section 8 below)

Awarded at the discretion of the Judges to the best Application created by one or more Makers that meet the student eligibility requirements in Section 8.

Best of Business App

US$2,500

1

All except Large Organizations

Awarded at the discretion of the Judges to the Application with the sweetest business appeal. This Application should focus on meeting a need in today’s business world.

Popular Choice Award

US$2,500

1

All except Large Organizations

Determined by public voting as described above in Section 7.

Large Organization Recognition Award

Recognition only

1

Only Large Organizations

I, ii, iii

 

9. BEST STUDENT-MADE APP ELIGIBILITY REQUIREMENTS

In addition to the requirements in Section 3, Makers (including all team members, if a team submission) must:

  • be currently enrolled in at least nine credits or three courses, or the equivalent at the time of entry (or must have been enrolled in such credits or courses within the past three months); OR
  • have graduated in the three months prior to the date of entry from either a secondary school or functional equivalent, or an accredited post-secondary institution (e.g., university, community college, technical college).

 

10. 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 and/or Administrator.

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, Organization, or Large 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.

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; or  

(iii) the Submission or the potential winner, or any member of a potential winner’s team, Organization, or Large 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.

 

11. 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. Taxes: 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.

 

12. 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.

 

13. PUBLICITY

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.

 

14. GENERAL CONDITIONS 

A.  The 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.

 

15. 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. 

 

16. DISPUTES

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. 

 

17. 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.

The Administrator collects personal information from you when you enter the Challenge. The information collected is subject to the privacy policy located here: http://ChallengePost.com/privacy.

 

18. CONTACT

If you have any questions or comment, or wish to send us any notice regarding this Challenge, please email us at Support@ChallengePost.com