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NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
The "Rackspace Develop It. Wear It. Win It. Contest" (the "Contest") begins at 12:01 AM Pacific Standard Time (PST) on August 23, 2013 and ends at 4:59 PM PST on September 11, 2013 (the "Contest Period"). Entries must be received during the period beginning at 12:01 AM PST on August 23, 2013 and ending at 11:59 PM PST on September 5, 2013 (the "Entry Period"). The Contest is void outside the fifty (50) United States and where prohibited by law. The Contest is subject to all federal, state, and local laws, regulations, and ordinances.
1. ELIGIBILITY. The Contest is open only to persons who are legal residents of the fifty (50) United States and the District of Columbia and are at least the age of majority in their respective states/jurisdictions of permanent residence at the time of entry. Employees, officers, and directors of Rackspace US, Inc. (“Sponsor”) and those of its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, and web masters, as well as any of the immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household (whether related or not) as any of the aforementioned individuals are not eligible to enter or win a prize.
2. HOW TO ENTER. To enter, during the Contest Period, create an application (“APP”) that must be used for wearable technology, and make a video demonstration of your APP for wearable technology; then complete and submit the contest entry form found at http://bit.ly/14gGlKq along with a link to the video demonstration and a written description (200 word maximum) of how cool and useful the APP is. All entries must be submitted during the Entry Period (i.e., 12:01 AM PST on August 23, 2013 and ending 11:59 PST on September 5, 2013. An entrant may submit multiple APPs that the entrant created. LIMIT ONE (1) ENTRY PER APP SUBMITTED THROUGHOUT THE ENTRY PERIOD. Entries must be submitted by the entrant. You must complete all required information to be eligible to enter. Incomplete, illegible, corrupted or untimely entries are void and will be disqualified. All entries must meet the APP/Video/Written Description Submission Requirements set forth below.
APP/Video/Written Description Submission Requirements:
Video Submissions MUST:
Written Description Submissions MUST:
APPs, Videos, and Written Description Submissions MUST NOT:
By entering, each entrant warrants and represents that his/her entry is original, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and does not violate any federal, state or local laws or ordinances. Each entrant further warrants and represents that it has secured the requisite consent from any third party referenced in their entries and agrees that Sponsor shall own the entries (and all material embodied therein) - not including the APP - which entries may not be acknowledged or returned, and that Sponsor and its designees shall have the perpetual, worldwide right to edit, publish and use the entries in any way and in any media for trade, advertising, promotional and/or other purposes as Sponsor and/or its designees may determine without further consideration to entrants (except as specifically provided herein) or any third party. Failure to comply with any of these Official Rules, or return any required releases and related documentation, will result in forfeiture of the prize.
By entering, each entrant represents and warrants that the APP entered is original and was created solely by the entrant and will not violate the rights of any third party or law or ordinance.
3. WINNER SELECTION/VERIFICATION. The winner selection process consists of two (2) rounds. Round One: All eligible entries will be judged by a panel of three (3) judges (the “Judging Panel”) based on the submitted video demonstrations and written descriptions of the entrant’s APPs; the Judging Panel will judge such submissions based on the following judging criteria: (a) mass-market appeal and marketability (40%); (b) written description of the APP (30%) and (c) video demonstration (30%). The six (6) entrants whose entries receive the highest scores from the Judging Panel will be selected as finalists (the “Finalists”) In the event of a tie, the tied entries will be re-judged based solely on the criterion mass-market appeal to break the tie.
Potential Finalists will be notified by phone and/or mail within three (3) days of being selected, and, except where prohibited by law, will be required to sign and return an Affidavit of Eligibility and a Liability/Publicity Release, an Intellectual Property License Agreement within three (3) days of notification attempt or the entrant will be disqualified and the entrant with the next highest score from the Judging Panel will be selected as an alternate Finalist in place of the disqualified Finalist.
FINALISTS AND WINNERS DURING ANY ROUND OF THIS CONTEST MAY FORFEIT PRIZES AND/OR OPPORTUNITIES TO PROCEED IN CONTEST IF (A) SPONSOR IS UNABLE TO MAKE CONTACT WITHIN THREE (3) BUSINESS DAYS OF FIRST ATTEMPTED NOTIFICATION, OR (B) THE ENTRANT FAILS TO RESPOND WITHIN THREE (3) BUSINESS DAYS OF NOTIFICATION.
On or around September 6, 2013, the six (6) Finalists will be announced on the Rackspace website at www.rackspacestartups/TechCrunch2013/, where their videos and a description of their APPs (prepared by Sponsor in consultation with each Finalist) will be displayed. The Sponsor may request additional information from entrants as may be necessary to judge the APPs, and the entrants must respond to any requests for additional information within three (3) business days from the time the request is made.
Round Two: The Finalists will be invited to an APP showdown event (the "Showdown") for a live demonstration of their APP to a Rackspace Startup Liaison, and a panel of well-known individuals in information technology (the "Finalist Judging Panel"). The Showdown will be held during the TechCrunch Disrupt Conference in San Francisco on September 11, 2013 from 10:00 AM PST to 1:00 PM PST. The Finalists are responsible for their travel and accommodation.
The winner will be determined at the Showdown where the Finalists will compete with an APP demonstration. During the Showdown, each Finalist will demonstrate their application to a live audience and give a talk highlighting how the APP would be an innovation in the marketplace. The demonstration must not exceed five (5) minutes, and will be followed by a question-and-answer session during which the Finalist will be asked questions by the Finalist Judging Panel regarding the APP. The question-and-answer session will last approximately five (5) minutes. The Finalist Judging Panel will evaluate each of the Finalist's APP during the 5-minute demonstration and 5-minute question-and-answer session based on the following criteria: (a) design execution of the APP (35%); (b) technical execution and integration of the APP (35%); and (c) likelihood of the APP having mass-market appeal (30%) (the "Finalist Judging Criteria"). The Finalist whose submission receives the highest score from the Finalist Judging Panel will be selected as the potential winner. In the event of a tie, the tied Finalists' submissions will be re-judged based solely on the criterion mass-market appeal to break the tie.
Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor and the judges, which are final and binding on all matters pertaining to the Contest.
Except where prohibited by law, potential winner will be required to sign and return another Affidavit of Eligibility and Liability/Publicity Release and provide any additional tax filing information (such as a W-9, social security number or Federal tax ID number) within seven (7) business days following the date of first attempted notification that the entrant is a potential winner. The Affidavit of Eligibility will certify, among other things, the following: the APP submitted as an entry is original and was created solely by entrant.
Failure to comply with these deadlines or with these Official Rules may result in forfeiture of place as a winner or Finalist. Potential prize winner may be required to sign additional documents as may be required by Sponsor. Failure to sign and return the Affidavit of Eligibility, Liability/Publicity Release, Intellectual Property License Agreement or any additional tax filing information with appropriate signatures within the required time period (if applicable) will result in forfeiture of prize and, at Sponsor's discretion, prize will be awarded to the Finalist whose submissions received the next highest score from the Finalist Judging Panel.
4. PRIZE. One (1) prize is available to be awarded. The prize is a $10,000.00 cash award, to be awarded in the form of a check.
The prize will be delivered up to thirty (30) days after the winner is announced. The Prize is not transferable and no substitutions are allowed except in Sponsor's sole discretion. All other expenses not specified are the responsibility of the winners. Sponsor reserves the right to substitute a prize of equal or greater value if advertised prize (or portion of prize) is unavailable. Winner is responsible for any loss of prize or portion of prize after it has been delivered. Prizes are awarded without warranty of any kind from Sponsor, express or implied. Sponsor will not replace any lost or stolen prizes. Only the number of prizes stated in these Official Rules is available to be won in this Contest. ALL TAXES AND ANY OTHER COSTS AND EXPENSES ASSOCIATED WITH ANY PRIZE ACCEPTANCE AND USE ARE THE SOLE RESPONSIBILITY OF THE WINNERS. The Winner will receive an IRS Form 1099 form for the appropriate value of the prize.
5. RELEASE AND LIMITATIONS OF LIABILITY. Entrants agree that, by submitting an entry, and winners agree that, by accepting a prize, Sponsor and its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, web masters, and each of their respective officers, directors, employees, representatives, and agents (the “Released Parties”) are not responsible for:
(1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest;
(2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software;
(3) unauthorized human intervention in any part of the entry process or the Contest;
(4) technical or human error which may occur in the administration of the Contest or the processing of entries; or
(5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize.
If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, Sponsor, at its discretion, may elect to judge all eligible entries (in accordance with the judging process described above) received up to the date of discontinuance for any or all of the prizes offered herein.
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AND WINNERS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AND WINNERS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AND WINNERS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF INTERNET SITE HTTP://RACKSPACESTARTUPS.COM/ OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE WEB SITE HTTP://RACKSPACESTARTUPS.COM/ AND ALL PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
6. PUBLICITY RELEASE. EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES EACH FINALIST’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE FINALIST’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
8. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. Each entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
9. MISCELLANEOUS. Sponsor is not responsible for transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof or for computer, network, mechanical, technical, printing, typographical, human, or other errors or malfunctions relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in the administration of the Contest, the processing or judging of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are not responsible for injury or damage to any entrant’s or any other computer resulting from downloading any materials in connection with the Contest. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to change these Official Rules or to cancel, terminate, modify or suspend the Contest. If terminated, Sponsor reserves the right to select winners from all non-suspect, eligible entries received as of the termination date using the judging procedure outlined above. Sponsor further reserves the right to disqualify any individual found to be tampering with the entry process or the operation of the Contest or website; to be acting in violation of these Official Rules; or be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person and void all associated entries. Caution: Any attempt by an entrant to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and/or other relief (including attorneys’ fees) from any such entrant to the fullest extent of the law. SPONSOR, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO TERMINATE THE CONTEST IN THE EVENT IT DOES NOT RECEIVE A MINIMUM OF FIVE (5) QUALIFIED ENTRIES FROM SEPARATE ELIGIBLE ENTRANTS. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed.
10. DISPUTES. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court in Texas; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Texas, without giving effect to any choice of law or conflict of law rules (whether of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Texas.
11. ENTRANT’S PERSONAL INFORMATION. Information collected from entrants is subject to Rackspace US, Inc.’s Privacy Statement, located at www.rackspace.com/information/legal/privacystatement.php
12. WINNERS’ LIST AND OFFICIAL RULES. For a copy of these Official Rules logo onto http://www.rackspace.com/information/legal/socialcontestrules and/or a list of winners, log onto http://rackspacestartups.com/TechCrunch2013/.
13. SPONSOR. Rackspace US, Inc., 1 Fanatical Place, City of Windcrest, San Antonio, Texas 78218.
Rackspace US, Inc. shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Rackspace® is a trademark of Rackspace US, Inc. in the United States and/or other countries. All other trademarks or logos used herein are trademarks of their respective owners in the United States and/or other countries. Copyright ©2013 Rackspace US, Inc. All rights reserved.
©2014 Rackspace US, Inc.
August 22, 2013 revision