RealityHack Challenge #3: terms and conditions

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NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. CONTEST IS OPEN WORLDWIDE (VOID WHERE PROHIBITED).

ENTRY IN THIS CONTEST OR SUBMISSION OF AN APP CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.

 

  1. Purpose. The RealityHack Challenge #3 - Reinvent the Workplace (the “Contest”) is a skill contest in which an individual or team entrant (together, an “Entrant” or “you”) submits an open source application they have created based on the Criteria (defined below) included in these Official Rules (“Rules”), and use of Estimote Inc. (“Estimote” or “Sponsor”) and Slack Technologies, Inc. (“Slack”) products or services (“App”). The App along with all other information submitted with it, whether required by these Rules or unsolicited, are referred to in these Rules as an “Entry.” The Entry will be evaluated by judges, who will choose the winner(s) in accordance with these Rules. The prize(s) will be awarded to the Entrant with the highest score based on the Criteria. See below for the complete details.

  2. Binding Agreement. In order to enter the Contest, you must agree to these Rules. Please read these Rules prior to submitting an Entry to ensure you understand and agree. You agree that submission of an Entry constitutes agreement to these Rules. You may not submit an Entry and are not eligible to receive the prizes described in these Rules unless you agree to these Rules in their entirety. These Rules form a binding legal agreement between you and Estimote with respect to the Contest.

  3. Eligibility. To be eligible to enter the Contest you must: (a) be above the age of majority in the country, state, province or jurisdiction of residence (or at least twenty years old in Taiwan) at the time of submission of the Entry; and (b) have full legal capacity to create and submit the Entry and to agree to these Rules in the country, state, province or jurisdiction of residence.

If more than one person contributed to or participated in creating any part of an Entry, all such people as a team will be deemed the Entrant for purposes of these Rules and the Contest. No more than four (4) people are allowed to contribute to or participate in creating any part of an Entry, and no Entrant can consist of a team of more than four (4) people. Provisions in these Rules that mention an “Entrant” or “you” include all individuals who contributed to or participated in creating any part of an Entry or who are otherwise part of the team submitting the Entry. The individual who submits the Entry must obtain the consent of all individuals who comprise the Entrant to these Rules, and to submit the Entry.

Employees, interns, contractors, and official office-holders of Estimote or Slack and their respective parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents, any Judges, or the members of Estimote’s, Slack’s, or the Judge’s immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to enter this Contest.

If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto, including your potential receipt of a prize. You further warrant that your actions do not violate your employer’s or company’s policies and procedures.

  1. Sponsor: The Contest is sponsored by Estimote.

  2. Contest Period: The Contest begins at 12:00:00 A.M. Pacific Time (PT) Zone in the United States on Thursday February 25, 2016 and ends at 11:59:59 P.M. PT on Sunday April 10, 2016 (“Contest Period”). The Contest Period will be determined by Estimote’s computers. Estimote reserves the right to extend the Contest Period if, in its sole discretion, it has received an insufficient number of Entries, but it has no obligation to do so.

  3. How To Enter: THERE IS NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, submit your Entry to realityhack@estimote.com during the Contest Period, and include the following, which all is deemed to be part of the Entry:

    • The App;

    • Link or archive with all components required to operate and run the App;

    • Any credentials (like beacon IDs or API tokens) necessary to make the App work;

    • A short description of the App;

    • A short video (no longer than 3 minutes), or link to the video, of the App in action; and

    • Identification of the name, email address, phone number, and mailing address of the Entrant (including all individuals that are part of the Entrant).

An Entry that is in full or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, late, or non-functioning, will not be accepted. The Entry should showcase innovative, creative or compelling uses of the Estimote and Slack products and services, and it should be based on the Criteria (defined below) included in these Rules. Entrants can submit more than one Entry for the Contest.

  1. Mandatory Entry Requirements. Each Entry must comply with these Rules, as well as the following requirements (all, collectively, “Requirements”):

    • The Entrant must have the right to use any and all data, information, code, and any copyright, trademark, trade secret, trade dress, patent or other intellectual property right (collectively, “Intellectual Property Rights”) included in the Entry for its, Sponsor’s, Slack’s, and third party commercial purpose;

    • The App must be a native iOS or Android application;

    • The App must include Slack APIs and it must be developed using the Estimote SDK. The inclusion and use of the Slack APIs must comply with all applicable Slack policies and requirements, including without limitation the Slack API Terms of Service (https://slack.com/terms-of-service/api). Use of the Estimote SDK must comply with all applicable Estimote policies and requirements, including without limitation, the Estimote Terms of Servce (http://estimote.com/legal/terms-of-service.html);

    • Written parts of the Entry must be in English. The App must, at a minimum, support English language use;

    • The Entry must be properly licensed for any software included in the Entry under the MIT License (MIT) (https://github.com/Estimote/iOS-SDK/blob/master/LICENSE); and

    • The App (or substantially similar application created by the Entrant submitting it) must not have previously been publicly available through the App Store or Google Play prior to the start of the Contest Period.

An Entry that does not meet each of the Requirements may be disqualified in Sponsor’s sole discretion.

  1. Criteria: Each Entry that meets the Requirements will be evaluated by a panel of judges who are employees, agents, or representatives of Estimote or Slack, with skill in developing, marketing, and/or using applications that use Estimote and/or Slack technology (“Judges”). On or about the week of April 11, 2016, each Entry will be evaluated by the Judges based on the following criteria (the “Criteria”):

    • Effective Use of Estimote and Slack platforms: Does the App appropriately and effectively use the Estimote SDK, APIs, beacons, and/or stickers, and the Slack APIs? 0-3 points.

    • Originality of Concept: Does the App represent an original concept that does not currently exist on the market? 0-3 points.

    • Relevance to the Contest: Is the App suited for use in the workplace, and does it make the workplace more efficient or fun? Is it compelling and/or essential in the workplace? 0-3 points.

    • Polish and Appeal: Is the Entry polished and appealing in a manner that is ready for the market? 0-3 points.

    • Accessibility: Is the App designed in a way that is accessible for use by people with disabilities using mobile devices? 0-1 point.

The Judges will assign a point score for each Entry in each of the categories above, and the sum of the scores for each Entry will constitute the Entry’s total score.

  1. Selection and Notification of Winners: The Entry that obtains the highest total score from the Judges will be deemed the potential winner. In the event of a tie, a new judge who is an employee, agent, or representative of Estimote or Slack with skill in developing, marketing, and/or using applications that use Estimote and/or Slack technology will decide which Entry is the best Entry based on the Criteria. Determinations of Judges are final and binding.

The potential winner will be selected and notified by telephone, mail and/or email, at Sponsor’s discretion. If a potential winner does not respond to the notification attempt within five days from the first notification attempt, then such potential winner will be disqualified and an alternate potential winner will be selected from among all eligible entries received based on the judging criteria described herein. Telephone notification will be deemed given when the potential winner engages in a live conversation with Sponsor or Sponsor’s representative, or when a message is left on the potential winner’s voicemail service or answering machine by Sponsor, whichever occurs first. Except where prohibited by law, each potential winner may be required to sign and return documents such as a Declaration of Eligibility, License Agreement, and/or Liability and Publicity Release and provide any additional information requested by Sponsor (these documents and information are, collectively, “Prize Acceptance Documents”). If required, potential winners must return all Prize Acceptance Documents within three days following attempted notification to become a winner (“Winner”); potential winners who do not return Prize Acceptance Documents in this time period will be deemed to have forfeited the prize and another potential winner will be selected based on the Criteria.

In the event that no valid Entry is received, no prizes will be awarded.

  1. Prizes:

The prize will be awarded within approximately six weeks of receipt by Sponsor of any Prize Acceptance Documents. Sponsor reserves the right, in its sole discretion, to award a prize to more than one Winner; if Sponsor does so, the Winners will be selected in accordance with these Rules. No transfer, substitution or cash equivalent for a prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize or part of a prize cannot be awarded for any reason. The prize may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The Winner shall bear all responsibility for use of the prize in compliance with any conditions imposed by such manufacturer(s), and any additional costs associated with its use, service, or maintenance. Sponsor has not made and Sponsor is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize(s) or any components thereto. The winners will be required to provide proof of age to Sponsor prior to award of each prize.

  1. Taxes: The Prize Acceptance Documents may include documents and information that Sponsor needs to comply with applicable state, provincial, federal, local, or foreign tax reporting and withholding requirements. All taxes imposed on the prize are the sole responsibility of the winner. Potential winners may be required to submit required information or documentation to a relevant tax authority, as required by applicable law, in order to be awarded a prize.

  2. General Conditions: All applicable state, provincial, federal, local, and foreign laws, rules, regulations, and requirements (collectively, Applicable Laws”) apply. Sponsor reserves the right to disqualify any Entrant or Entry from the Contest if, in its sole discretion, it believes that the Entrant or Entry has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, Sponsor, Slack, or the Judges.

  3. Ownership and Use of Entries; Entrant’s Licenses to Sponsor: By submitting an Entry in this Contest, Entrant grants Sponsor, Slack, and their respective employees, agents, and assignees (collectively, “Entrant Licensees”) a perpetual, non-exclusive, irrevocable, sublicenseable, assignable, royalty free, fully paid, worldwide right and license to copy, publish, edit, adapt, exploit, modify, use, reproduce, publicly perform, publicly display and create derivative works from the Entry, the concepts embodied therein, and elements thereof, in print, online, in film or video, on social media, and in any other media now known or hereafter devised, without compensation or notification to Entrant or any third party, all except as prohibited by Applicable Law, (all, collectively, “Licenses”). Entrant acknowledges and agrees that Entrant Licensees can rely on and use the Licenses for any purpose whatsoever, including for Entrant Licensees to: (a) administer the Contest; (b) test and evaluate the Entry for purposes of the Contest; (c) advertise, display, demonstrate, or otherwise promote the Entry, Contest, and/or Sponsor or Slack’s products or services, (including, without limitation, by making screenshots, animations, and video clips available for promotional purposes); and (d) to distribute or make available the Entry and/or parts thereof in any medium whatsoever (including, for example, by including the Entry or parts thereof as an app template on the Estimote website or in the Estimote Cloud (cloud.estimote.com), and/or on the Slack website or community integrations page (https://api.slack.com/community)).

  4. Privacy: Entrant agrees that personal information provided in connection with the Contest or Entry such as names, mailing addresses, phone numbers, and email addresses, will be processed, stored, shared and otherwise used in connection with the Contest, for the purposes and activities described in these Rules, and for any additional purposes described in the Estimote Privacy Policy at http://estimote.com/legal/privacy-policy.html or in the Slack Privacy Policy at https://slack.com/privacy-policy. For example, personal information may be used to verify an Entry or an Entrant’s identity or eligibility for a prize. Such personal information will also be transferred to, and processed and stored in, the United States. Entrants can request access to, review of, and correction of personal information by writing Sponsor at realityhack@estimote.com. If an Entrant does not provide the personal information required with an Entry, the Entry will be disqualified.

  5. Transfer of Personal Data: For Entrants that reside outside of the U.S., you acknowledge and grant your express consent that:

    • the data controller is Estimote and the data recipients are Estimote, Slack, and their respective employees, agents, and service providers;

    • your data is collected for purposes specified in these Rules, including without limitation, administration of the Contest and for marketing purposes;

    • you have a right of access to and to withdraw consent to transfer of your personal information, by writing Sponsor at realityhack@estimote.com. If you withdraw consent, Sponsor will delete the e-mail with the Entry and disqualify the Entry from the Contest;

    • your personal information will be transferred to, and processed and stored in the U.S.

  6. Publicity. By submitting an Entry, Entrant agrees to Sponsor, Slack, and their respective agents, service providers, and affiliates, to allow use of his or her name and/or likeness and Entry for advertising and promotional purposes without additional compensation, unless prohibited by law.

  7. Entrant’s Representations and Warranties: Entrant represents and warrant that: (a) its Entry is Entrant’s own original work and, as such, it is the sole and exclusive owner and rights holder of Entry; (b) it has the right to submit the Entry in the Contest and grant all permissions and licenses, including the Licenses, set forth in these Rules; (c) the Entry is complete and accurate; (d) the Entry does not infringe or misappropriate any third party proprietary rights, Intellectual Property Rights, industrial property rights, personal or moral rights or any other rights, including without limitation, contractual, privacy, publicity or confidentiality obligations; and (e) the Entry and use thereof does not violate any Applicable Laws.

  8. Entrant’s Indemnification Obligations: To the maximum extent permitted by law, each Entrant agrees to indemnify, defend, and hold harmless Sponsor, Slack, and their respective officers, employees, parent companies, subsidiaries, affiliates, agents, service providers, and representatives (collectively, “Sponsor Indemnified Parties”) from and against any liability, claims, actions, suits, proceedings, demands, losses, damages, fines, costs and expenses (including attorney fees) that relate to: (a) any act, default or omission of the Entrant; (b) any breach these Rules (including, without limitation, any warranty set forth in these Rules; (c) allegations that the Entry or any part thereof, or that Sponsor or Slack’s use of the Entry as permitted by these Rules or any Prize Acceptance Documents, violates any third party proprietary rights, Intellectual Property Rights, industrial property rights, personal or moral rights or any other rights, including without limitation, contractual, privacy, publicity or confidentiality obligations, (d) any misrepresentation made by the Entrant in connection with the Contest; (e) third party allegations arising from or related to the Entrant’s involvement with the Contest; (f) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (g) any error in the collection, processing, or retention of the Entry; or (h) any typographical or other error in the printing, offering or announcement of any prize or Winner.

  9. Internet and Technology: Entrant is solely responsible for all equipment, technology, software, services, and resources it needs to create and submit the Entry. Sponsor is not responsible for any malfunction of any equipment, technology, software, service or resource (including e-mail used for submitting an Entry), or for any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Entries even if due to Sponsor’s or third party’s system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an Entrant’s ability to participate in the Contest.

  10. Contest Cancellation or Modification: 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 the Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.

  11. Disqualification: Sponsor reserves the right to disqualify any Entry or Entrant that:

    • Does not comply in every respect with these Rules;

    • Provides false or inaccurate information;

    • Tampers with the submission process or any other part of the Contest; and

    • Attempts to damage any web site (e.g., of Sponsor or Slack), or to undermine the legitimate operation of the Contest.

  12. Not an Offer of Employment: Under no circumstances shall the submission of an Entry, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with Sponsor or Slack. You acknowledge that you have submitted your Entry voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Sponsor or Slack, and that no such relationship is established by your submission of an Entry.

  13. Forum and Recourse to Judicial Procedures: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of New York, United States of America excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Entrants expressly waive any and all such rights.

  14. Severability: If any of the provisions in these Rules is deemed not enforceable by an arbitrator or court, all other provisions outlined in these Rules will still apply.

  15. Winner’s List: A list of the winners will be posted at realityhack.estimote.com after April 25, 2016.

 

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