Maker media CONNECTED HOME CONTEST
OFFICIAL RULES (revised)
Important: Please read these Official Rules (“Rules”) before entering the Maker Media Connected Home Contest (the “Contest”). By submitting an Application (defined below), you agree that these Rules form a legally binding agreement between you and Maker Media, Inc. (“Make”) with respect to this Contest and that you will be bound by these Rules. Your failure to comply with these Rules may result in disqualification of your Application. Make’s decisions and interpretations of the Rules are final and binding in all matters related to the Contest.
- SPONSOR: The Contest is sponsored by Maker Media, Inc., 1005 Gravenstein Hwy North, Sebastopol, CA 95472.
- Eligibility: This Contest is open to individuals, or groups comprised of individuals, who are 18 or older as of the time of the Application. The following are not eligible to submit or participate in any group submitting an Application: (a) individuals under 18 years of age; (b) employees of Maker Media, Inc. or any of its affiliates; (c) employees of any other company or individual involved with the design, production, or execution of the Contest, or (d) the immediate families (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of any person listed in (b) or (c) of this paragraph. (All of the foregoing are “Eligibility Criteria.”)
- CONTEST DESCRIPTION: Eligible persons or groups who want to participate in the Contest must submit an application using the form available at https://makezine.com/connected-home-project-contest/ (“Application”). In the Application, prospective participants in the Contest (“Applicants,” or “You”) will describe a project for a connected home, using text, drawings, designs, video or any other media. Make will review the Applications and select the winner based on originality of ideas, innovation in the use of technology, and the quality and reproducibility of the project build instructions. The winner will receive a $500 coupon to spend at the Maker Shed, coverage of their project on makezine.com, and a vintage NuTone doorbell from the home of Executive Editor Mike Senese.
- ENTRY PERIOD: The period for submission of Applications opens at 4:0p.m. PST on Friday, January 31, 2014, and ends at 11:59 p.m. PST on Thursday, February 6, 2014 (“Entry Period”). Entries received before the Entry Period will not be considered unless they are re-submitted during the Entry Period. Entries received after the Entry Period will not be considered.
- ENTRY DETAILS AND REQUIREMENTS: Applications must be submitted online at https://makezine.com/connected-home-project-contest/. Each Application must include: (a) an entry form, including name, email address, and phone number; (b) a description (in written and visual form) of the connected home, which may include an unlimited number of drawings; (c) if submitted by a group, an identification of all persons in the group and a certification that each of them meets the Eligibility Criteria, (d) if submitted by an individual, an identification of the individual and a certification that the individual meets the Eligibility Criteria. Submissions must be in one or more of the following formats: Word document, PDF, excel, jpg, png, gif, tif, video, or other electronic format. The submission must include comprehensive detailed how-to steps and clear instructions for successfully reproducing the project. Only one application may be submitted by each group or individual. Entries will not be returned. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF YOUR APPLICATION AND ANYTHING SUBMITTED WITH YOUR APPLICATION.
- JUDGING: All eligible Applications will be judged by a panel of Make: Magazine editors using the following criteria and weights: originality of ideas (30%), innovation in the use of technology (20%), and the quality and reproducibility of the project build instructions (50%).
- WINNER SELECTION: The winner will be announced via the MAKE: blog at makezine.com on Friday February 7, 2014, and will be notified via email or phone as well.
- PRIZE: The winner will receive a $500 coupon to spend at the Maker Shed ($500 retail value), coverage of their project on makezine.com (priceless), and a vintage NuTone doorbell from the home of Executive Editor Mike Senese (retail value $5).
- WINNER NOTIFICATION AND VERIFICATION: The winner will be notified on Friday, February 7, 2014. The potential winner is subject to verification. Make is not responsible for any change of an Applicant’s email address or other contact information. If any prize notification or Contest-related communication is rejected, faulty, returned as undeliverable; if the potential winner does not respond according to the notifications or Make’s instructions; if the winner or potential winner fails to comply with these Rules; or if a potential winner cannot be reached after a reasonable attempt has been made by Make (as determined by Make in its sole discretion), that winner or potential winner may be disqualified and an alternate winner may be selected by Make. In the event that a potential winner is disqualified for any reason, Make reserves the right to award the prize to an alternate Applicant even if the disqualified potential winner’s name may have been announced.
- RIGHTS IN SUBMITTED APPLICATIONS: By submitting an Application, each Applicant grants to Make a worldwide, sublicensable, perpetual right and license to reproduce, publish, modify, create derivative works of, create prototypes of, and display the Application and its contents, including any drawings, ideas, text, designs and descriptions, for any and all editorial purposes, including the illustration, promotion, and creation of projects in Make: Magazine, on https://makezine.com, social media platforms, and in or on any other platform in which Make participates. You acknowledge and agree that Make shall have an absolute right and permission to publish, post, edit, adapt, display, and otherwise use the content of and elements embodied in the Application in any form, in any manner, in perpetuity, and in any and all media (whether now known or hereafter devised) without compensation of any kind to You.
- CERTIFICATION OF ORIGINALITY OF IDEAS AND PROJECTS; INDEMNIFICATION: By submitting an Application, You warrant and represent that: (1) any project for the connected home is your original design, (2) no other person or entity other than those disclosed in the Application has any right to its contents or any component of the Application, and (3) your submission of the Application does not breach or violate any obligation, contractual or otherwise, that You have to any third party. You hereby agree to defend, indemnify, and hold harmless Make from and against any claim that arises from your breach of any of the foregoing representations.
- NO SPONSOR LIABILITY: By submitting an Application, You agree that your submission is voluntary and made without restriction, will not place Make under any obligation, and that Make is free to disclose the ideas contained in the Application on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to You. You acknowledge that, by accepting your Application, Make does not waive any rights to use similar or related ideas previously known to Make, or developed by its employees, or obtained from sources other than You. You acknowledge and agree that nothing in these Rules will require Make to use the Application in part or in whole or to include the Application in any Make property, including, without limitation, any web site or any other online or offline property. You acknowledge and agree that the relationship between you and Make is not a confidential, fiduciary, or other special relationship, and that your decision to submit your Application for purposes of the Contest does not place Make in a position that is any different from the position held by members of the general public with regard to elements of the Contest, other than as set forth in these Rules. You acknowledge and agree that Make does not now and will 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 your Application.
- GENERAL LIABILITY RELEASE: BY SUBMITTING AN APPLICATION, YOU AGREE THAT YOU ARE NOT ENTITLED TO RECOVER ANY DAMAGES OR PROVISIONAL RELIEF FROM MAKE IN CONNECTION WITH THE CONTEST. By entering the Contest, submitting an Application, and/or accepting a prize, you agree to release Make from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with: (1) the Contest, or (2) acceptance or awarding of any prize, (including, without limitation, claims, costs, injuries, losses, and damages related to 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). This release covers any and all claims, whether under a theory of contract, warranty, tort (including negligence, whether active, passive, or imputed), strict liability, product liability, contribution, or any other theory.
- FILM, PHOTOGRAPH, RECORDING AND PUBLICITY RELEASE: Except where prohibited by law, by submitting an Application, you authorize Make and its agents, to use your name, likeness, and all Application submission materials, and/or prize information, in any and all media without territorial or time limitation, for any advertising, promotional, or any other purpose without further compensation to, or permission from you.
- GENERAL CONDITIONS: Make’s failure to or decision not to enforce any provision in these Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Rules (including any alleged discrepancy or inconsistency in these Rules), it will be resolved in Makes’ sole discretion. Applicants waive any right to claim ambiguity in the Contest or these Rules. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Any attempt to tamper with the Contest site or to circumvent these Rules will invalidate the Application.
- GOVERNING LAW: The Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed, construed, and interpreted under the laws of the State of California, without reference to its conflicts of law principles. Any legal actions, suits or proceedings related to this Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in San Francisco, California and each Applicant accepts and submits to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising out of or related to this Contest.
