MAKER MEDIA HALLOWEEN 2016 CONTEST OFFICIAL RULES

MAKER MEDIA HALLOWEEN 2016 CONTEST OFFICIAL RULES

Important: Please read these Official Rules (“Rules”) before entering the Maker Media Halloween 2016 Contest (the "Contest"). By submitting an Entry (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 Entry. Make’s decisions and interpretations of the Rules are final and binding in all matters related to the Contest.

1. SPONSOR: The Contest is sponsored by Maker Media, Inc., 1005 Gravenstein Hwy North, Sebastopol, CA 95472.

2. ELIGIBILITY: This Contest is open to individuals, or groups comprised of individuals, who are 18 years or older as of the time of the Entry and are a resident of a country other than Cuba, Iran, North Korea, Sudan or Syria. The following are not eligible to submit or participate in any group submitting an Entry: (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.”)

3. CONTEST DESCRIPTION: Eligible persons or groups who want to participate in the Contest must submit an entry using the form available at https://community.makezine.com/share/contests/make-halloween-2016-contest (“Entry”). In the Entry, prospective participants in the Contest (“Applicants,” or “You”) will describe a Halloween project for a home, costume, and/or make-up, using text, drawings, designs, video or any other media. Winners will be chosen in two ways: by Make: editors and by the community. Prizes will be awarded in three categories: Grand Prize, Haunted House, and Costume & Make-up. A total of six (6) entries will be chosen as winners.

4. ENTRY PERIOD: The period for submission of Entries opens at 5:00p.m. PST on Thursday, October 6, 2016 and ends at 11:59 p.m. PST on Wednesday, November 16, 2016 (“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.

5. ENTRY DETAILS AND REQUIREMENTS: Each Entry must include: (a) a description (in written and visual form) of the project, which may include an unlimited number of drawings; (b) if submitted by a group, an identification of all persons in the group and a certification that each of them meets the Eligibility Criteria, (c) if submitted by an individual, an identification of the individual and a certification that the individual meets the Eligibility Criteria. The submission must include comprehensive detailed how-to steps and clear instructions for successfully reproducing the project. In order to submit an Entry you must create an online account with our partner, Hackster.io. When creating an online account you will be required to provide your email address. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF YOUR APPLICATION AND ANYTHING SUBMITTED WITH YOUR APPLICATION.

6. JUDGING: There will be three prize categories: (a) Grand Prize winners selected from all eligible entries; (b) Costume & Make-up winners selected from eligible entries submitted in the Costume & Make-up category; and (c) Haunted House winners selected from eligible Entries submitted in the Haunted House category. For each prize category, two winners will be chosen; one winner will be chosen by Make: editors and one winner will be chosen by the community. There will be a total of six (6) winners. Winning Entries will be chosen based on the criteria below.

   Criteria for Make: editors’ winners. (a) Originality (25%); (b) Aesthetics (25%); (c) Fun! (25%); (d) quality and reproducibility of your Entry such as: clear instructions, quality photos and videos, inclusion of parts and materials used. (25%).

   Criteria for community winners. The projects with the most points win. Points are earned as follows: 1 project view = 1 point; (b) 1 project ‘Respect’ = 10 points. Only views and ‘Respects’ that occur on your Entry project page, hosted on community.makezine.com/share/contest/Halloween-2016- contest/, will be counted. Receiving likes on your social channels will not count towards your points.

7. PRIZE: All winners will receive coverage of their project on Make: Magazine, makezine.com, and social media platforms (priceless) and up to $130 retail value of products. Only 1 prize per winner.

   • Grand Prize winners will receive up to $165 retail value of products.

   • Costume & Make-up winners will receive up to $135 retail value of products.

   • Haunted House winners will receive up to $145 retail value of products.

   Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Make. No cash or other prize substitution shall be permitted except at Make’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of a winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by a winner is permitted.

   Acceptance of prize constitutes permission for Make: use a winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

8. WINNER NOTIFICATION AND VERIFICATION: Winners will be announced via the MAKE: blog at makezine.com and via the contest page on Wednesday, November 30, 2016, and will be notified via email or phone as well. Potential winners are 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.

9. RIGHTS IN SUBMITTED APPLICATIONS: All Entries and any materials submitted with such Entries will become the sole property of Make. By submitting an Entry, 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 Entry 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 www.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 Entry 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.

10. CERTIFICATION OF ORIGINALITY OF IDEAS AND PROJECTS; INDEMNIFICATION: By submitting an Entry, You warrant and represent that: (1) you made the project you entered; however, the original idea does not need to be yours, but you must credit the individual(s) whose design you replicated or modified in your submission and obtained any and all consents, approvals or licenses required for you to submit your entry, (2) no other person or entity other than those disclosed in the Entry has any right to its contents or any component of the Entry, and (3) your submission of the Entry 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.

11. NO SPONSOR LIABILITY. By submitting an Entry, 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 Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to You. You acknowledge that, by accepting your Entry, 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 Entry in part or in whole or to include the Entry 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 Entry 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 Entry.

12. 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 Entry, 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.

13. FILM, PHOTOGRAPH, RECORDING AND PUBLICITY RELEASE. Except where prohibited by law, by submitting an Entry, you authorize Make and its agents, to use your name, likeness, and all Entry 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.

14. 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 Make’s 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 Entry.

15. 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.