Dashing Widget 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.
The Dashing Widget Challenge (the “Competition”) invites designers and developers to create widgets for Dashing, a Sinatra based framework that lets you build beautiful dashboards.
Participation in the Competition constitutes Contestant’s full and unconditional agreement to these Official Rules and that all decisions related to the Competition that are made pursuant to these Official Rules are final and binding. Winning a prize is contingent upon fulfilling all requirements specified in the Official Rules.
Summary* of How to Enter and Judging Criteria
- Click “Register” on http://Dashing.ChallengePost.com to sign up. Individuals at least the age of majority where they reside and teams of such individuals, may participate (except where prohibited by U.S., Canadian, or local law).
- Visit the Dashing Homepage to install the Dashing gem and learn how to get started.
- Check out the widgets page to see what other users have done.
- Create your own widget. Create a GitHub gist with the required HTML, SCSS, and coffeescript files.
- Submit your widget by 5:00 PM Easter Time September 12, 2013 on the “Enter an Application” tab of this website by providing: 1) the URL for your GitHub gist with Dashing widget; 2) images of your widget (for the website gallery); 3) a description of your widget and the data it uses; and 4) a URL for a live demo dashboard that includes your widget.
Submissions will be judged on the following criteria: (i) Creativity & Originality; (ii) Visual Appeal; (iii) Code Quality; and (iv) Ease of Use & Instructions.
*Review the sections below for a more detailed description and important requirements and restrictions.
1. Sponsor & Challenge Website Administrator
Sponsor: Shopify Inc, 126 York Street, Suite 200, Ottawa, ON, Canada K1N 5T5 (the “Sponsor”)
Challenge Website Administrator: ChallengePost, Inc., 425 W. 13th Street, Suite #504, New York, NY 10014 ("ChallengePost")
2. Competition Schedule
Submission Period: July 31, 2013 (9:00am Eastern Time) – September 12, 2013 (5:00pm Eastern Time)
Judging Period: September 18, 2013 (10:00am Eastern Time) – October 2, 2013 (5:00pm Eastern Time)
Public Voting Period: September 18, 2013 (10:00am Eastern Time) – October 2, 2013 (5:00pm Eastern Time)
Winners Announced: On or around October 7, 2013 (2:00pm Eastern Time)
3. Eligibility
A. The Competition is open only to:
(i) individuals who are at least the age of majority in their jurisdiction of residence as of the time of entry; and
(ii) teams of eligible individuals where each team member meets the eligibility requirements for individual Contestants.
B. Contestants must own or have access at their own expense to a computer, an Internet connection, and any other electronic devices, documentation, software or other items that Contestants may deem necessary to create and enter their Submission (defined below in Section 5(B)(ii)).
C. Each team shall appoint one individual (the “Representative”) to represent and act, including entering a Submission, on behalf of said team. The Representative must meet the eligibility requirements for an individual Contestant and must be duly authorized to submit on behalf of the team. The Representative represents and warrants that: (i) he/she is duly authorized to act on behalf of the team; and (ii) each member of the team has read the Official Rules and agrees to abide by these Official Rules. The Representative will ensure that each participating member of the team complies with the Official Rules.
D. An individual may join more than one team, and an individual who is part of a team, may also enter the Competition on an individual basis.
E. The following individuals are NOT eligible regardless of whether or not they meet the criteria set forth above:
(i) Individuals who are residents of a country, state, province or territory where the laws of the United States, Canada, or local law prohibits participating or receiving a prize in the Competition. This includes, but may not be limited to, individuals, who are residents of Quebec, as well as Cuba, Sudan, Iran, North Korea, Syria, and other countries designated by the United States Treasury's Office of Foreign Assets Control.
(ii) employees, representatives and agents of the Sponsor, ChallengePost, and all members of any such employee, representative, or agent’s immediate family or household;
(iii) any other individual involved with the design, production, promotion, execution, or distribution of the Competition, and each member of any such individual’s immediate family or household; and
(iv) any judge and/or any company or individual that employs a Judge.
F. For purposes hereof:
(i) the members of an individual’s immediate family include such individual’s spouse, children and step-children, parents and step-parents, and siblings and step-siblings; and
(ii) the members of an individual’s household include any other person that shares the same residence as such individual for at least three (3) months out of the year.
4. Competition Submission Period
A. A Contestant’s Submission must be received no later than September 12, 2013 at 5:00pm Eastern Time (USA / Canada) (the “Competition Submission Period”). ChallengePost’s computer is the official time keeping device for this Competition.
B. Any Submission received after expiration of the Competition Submission Period shall be disqualified.
5. Registration and Submission
A. Registration
(i) Beginning on July 31, 2013 at 9:00am Eastern Time, visit Dashing.ChallengePost.com (the “Competition Website”) and click “Sign Up” to create a ChallengePost account, or click “Log In” and log in with an existing ChallengePost account. There is no charge for creating a ChallengePost account.
(ii) After a Contestant signs up on the Competition Website a confirmation email will be sent to the email address provided by the Contestant. The Contestant should use the confirmation email to verify their email address.
(iii) A Contestant should indicate their agreement in participating by clicking “Register” on the Competition Website. Once registered, any important Competition updates will be emailed to the Contestant. A Contestant is responsible for periodically checking for, and opening, and reading any emails received.
(iv) In the event of a dispute pertaining to the identity of a Contestant, the email address used by the Contestant to enter the Competition shall determine such identity and the person or entity assigned to such address shall be deemed the Contestant. The Sponsor and ChallengePost shall not be responsible for resolving any dispute between individuals or entities as to the identity of the Contestant and, in the event of such a dispute, reserve the right to suspend or withdraw a prize.
B. Submission
(i) Contestants must create a working Dashing widget and provide the required HTML, SCSS, and coffeescript files on a GitHub gist (a “Widget”) as well as a live demo dashboard that includes the Widget.
(ii) During the Competition Submission Period, Contestant must visit the Competition Website and confirm that he or she has or, if Contestant is a Representative, all participating members of their team have read and agree to the Official Rules. Then, Contestant must submit its Submission by providing:
a. the name of your Widget;
b. a text description of your Widget and the data it includes;
c. at least one image (screenshot) of your Widget;
d. a URL for a GitHub gist with your Widget, including the required HTML, SCSS, and coffeescript files;
e. a URL for a live demo of a Dashing dashboard that includes your Widget;
f. the email address or ChallengePost username of participating team members (if applicable);
g. the Contestant's (or as applicable, Representative’s) phone number;
h. Contestant’s country of residence;
(a-h above, are collectively a “Submission”)
(iii) For sake of clarity, all parts of the Submission must be entered on the Competition Website and must be received by no later than 5:00pm Eastern Time on September 12, 2013.
(iv) Prior to the end of the Competition Submission Period, a Contestant may save draft versions of their Submission before entering it on the Competition Website. Once the Competition Submission Period has ended, a Contestant may not make any change or alteration to the Submission. A Contestant is solely responsible for confirming that their submission is complete and for making and storing copies of their Submission and any drafts thereof. The Sponsor and ChallengePost have no responsibility for confirming the accuracy or completeness of a Submission as received.
(v) The Sponsor, at their sole discretion, and upon written request of a Contestant, may permit a Contestant to modify part of the Submission after the Competition Submission Deadline for the purpose of removing material that potentially infringes a third party mark or right, discloses personally identifiable information, or is otherwise inappropriate. The modified Submission must remain substantively the same as the original Submission with the only modification being what is permitted by the Sponsor. Any other modification may result in disqualification.
6. Submission Requirements
A. Language Requirements
All Submission materials must be in English or, if not in English, Contestant must provide an English translation of the text description, any instructional text on the GitHub gist, and text appearing on the Widget.
B. Text Description and Image Requirements
(i) The text description should describe the data used in your Widget.
(ii) The image(s) must be images or screenshots of your Widget.
C. Widget Requirements
In addition to the requirements described above in Section 5(B):
(i) A Widget should be new for the Competition and must not substantially duplicate a widget listed on the third party widgets page or a prior Widget already submitted in this Competition by any Contestant. Sponsor in their sole discretion will determine whether a Submission duplicates or is substantially similar to another Submission and, if it is, what, if any, action should be taken including but not limited to disqualification.
(ii) The Widget may utilize APIs and data from third parties, provided the Contestant is authorized to use such APIs or data in the manner utilized by the Widget.
D. General Requirements
(i) Submissions must not:
a. violate any law or regulation;
b. depict hatred;
c. be in bad taste;
d. denigrate (or be derogatory towards) or threaten any person or group of persons including but not limited to any race, ethnic group, culture, sex sexual orientation, or community;
e. incite violence or be likely to incite violence;
f. contain vulgar or obscene language or excessive violence;
g. contain pornography, obscenity or sexual activity;
h. disparage the Sponsor;
i. contain any other content which, in the sole judgment of the Sponsor or ChallengePost, is inappropriate; or
j. include copyrighted material or use third party trademarks unless the Contestant has permission to use such material.
(ii) A Submission must be free of malware. Contestant authorizes the Sponsor to conduct any test on the Widget to determine whether malware or other security threat may be present. A Submission found to contain any such threat may be disqualified.
(iii) A Contestant may submit more than one Submission. However, each Submission must be unique, as determined by Sponsor in their sole discretion. If a Contestant enters two or more Submissions that are substantially similar, the Sponsor reserves the right to disqualify all such Submissions or to require the Contestant designate in writing which Submission to enter into the Competition.
(iv) A Submission may not contain any information which identifies or could be used to identify a person, such as but not limited to the name or a person, email address, telephone number, address (street or box number), or social security number.
(v) Submissions must: (a) be the original work product of the Contestant; and (b) 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.
(vi) By entering a Submission, Contestant represents, warrants and agrees as follows:
a. The Submission (including, without limitation, the Widget) is the original work of the Contestant and complies with the Official Rules.
b. Any use of the Submission by the Sponsor, ChallengePost and/or Judges (or any of their respective partners, subsidiaries and affiliates) for purposes of the Competition, is authorized.
c. The submission does not infringe upon, misappropriate or otherwise violate any person or entity’s intellectual property rights or proprietary rights including, without limitation, copyright, patent, statutory and common law trademark, privacy or publicity right, or moral rights.
7. Submission Rights
A. By entering the Competition you agree that your Submission will be provided under open source license.
B. By entering a Submission, a Contestant is deemed to have thereby granted to the Sponsor, ChallengePost, and any other third parties acting on the Sponsor or ChallengePost’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 posting or linking to the Submission on Sponsor’s, ChallengePost’s, and websites and applications, including the Competition Website and partner websites, and inclusion of the Submission in any other media, worldwide.
8. Display of Submissions
A. Eligible Submissions will be posted on the Competition Website on a rolling basis after being screened by the Sponsor for completeness and appropriateness of content. The Sponsor has the right to require additional information via any reasonable manner to verify the Widget functions and operates as stated in the Submission. Failure by a Contestant to respond or provide the additional information/access may result in disqualification of the Submission.
B. Posting of a Submission to the Competition Website does not constitute a determination that the Submission meets requirements. Accordingly, a Submission may be disqualified even after it has been publically displayed.
9. Winner Selection and Judging Criteria
A. Eligible Submissions will be evaluated by a panel of judges selected by the Sponsor at their sole discretion (the “Judges”). Judges will score these Submissions based on the criteria specified in these Official Rules. The Sponsor reserves the right to substitute or modify the Judges.
B. Eligible Submissions will be evaluated based on the following equally weighted criteria (the “Judging Criteria”):
(i) Creativity & Originality of Widget (The most important and hardest to categorize criterion. Your widget should make us say 'Wow!')
(ii) Visual Appeal (Dashboards are viewed many times a day. Because of that, the visual appeal is very important. Think about the colours, layout, and readability of your widgets.)
(iii) Code Quality (How easy is it to configure your widget? Would a developer be able to tell what your widget does without reading the documentation? Does it use ruby/coffeescript idioms where relevant?)
(iv) Ease of Use & Instructions (Make sure you detail any steps required to set up and run your widget. Do I need to add anything to my Gemfile? Do I need an account with a third party service?)
C. A Contestant’s likelihood of winning will depend primarily on the number and quality of all of the Submissions, as determined by the Judges using the criteria in these Official Rules. The currently scheduled dates for the judging panel are September 18, 2013 at 10:00am Eastern Time to October 7, 2013 at 5:00pm Eastern Time (the “Judging Period”).
10. Judges Picks and Honorable Mentions
A. The five (5) Contestants whose Submissions earn the highest overall scores based on the Judging Criteria will become potential winners of the Prizes identified below in Section 13.
B. In the event of a tie between two or more Submissions, the tied Submission with the highest score in the first criterion listed above shall be deemed the higher scoring Submission. In the event any ties remain, this process will be repeated by comparing the tied Submissions’ scores on the second, third, and fourth criterion listed above, respectively. If two or more Submissions are tied on all three criteria, the panel of Judges, in its sole discretion, will vote on the tied submissions (the “Tie-Breaker Criteria”).
11. Popular Choice Award
A. The public voting is scheduled to take place between September 18, 2013 at 10:00am Eastern Time, and October 2, 2013 at 5:00pm Eastern Time, (the “Voting Period”). Public voting will determine the potential winner of the Popular Choice Award. Public Voting is open to any person provided that each person is limited to one vote per Submission. The potential winner of the Popular Choice Award will be determined on the basis of the verified vote counts, as determined by the Sponsor or ChallengePost. The Sponsor and ChallengePost reserve the right to extend the Voting Period at any time for any reason.
B. One (1) potential winner of the Popular Choice Award Prize (described in Section 16 below) will be selected based solely on the highest number of votes received on the Competition Website from users with verfied ChallengePost accounts. If there is a tie between or among two or more Submissions for the Popular Choice Award, the higher scoring Submission will be determined by the Tie-Breaker Criteria (described in Section 10B above).
C. The likelihood of a Submission being selected to win a Popular Choice Award depends on the total number of verified votes received for the Submissions relative to other Contestants.
D. Use of a manual or automated process or similar method, or multiple e-mail addresses, to submit more than one vote per Submission is strictly prohibited. Any attempt to circumvent the one-vote limit per person per Submission is strictly prohibited and the use of a manual or automated vote processes to do so will subject all votes from the person or entity to disqualification. The Sponsor and/or the ChallengePost reserves the right to disqualify any Contestant at their sole discretion, if a Contestant receives multiple and/or irregular votes from the same user or users, or receives votes in a manner that otherwise may indicate manual, automated or other vote manipulation. If the voting process for the Popular Choice Award fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Sponsor and/or the ChallengePost at their sole discretion reserve the right to determine the winner by using non-suspect votes, or by any other means the they deem appropriate. If no alternative means of determining a winner of the Popular Choice Award is available or otherwise selected, the Sponsor may terminate the Popular Choice Award without designating a winner.
E. Contestants may not directly or indirectly offer or pay any monetary or other form of consideration in exchange for a vote.
F. For Canadian Contestants Only: Prior to being confirmed as the winner of the Popular Choice Award, the Contestant (or Representative, as applicable) will be required to correctly answer a mathematical skill-testing question without mechanical or other aid. Failure to correctly answer the mathematical skill-testing question without mechanical or other aid will result in disqualification and, in the discretion of the Sponsor, selection of an alternate eligible winning Contestant pursuant to the procedure outlined in these Official Rules.
12. Verification of Potential Winners
A. 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 WIDGET. The final decision to designate a winner and the verification of a potential winner’s identity, qualifications and role, shall be determined in the sole discretion of the Sponsor. A Contestant designated as a potential winner must cooperate with such verification process.
Potential winners will be notified using the email address associated with the ChallengePost account used to enter the Submission. The currently scheduled date for such notification is on or about October 7, 2013. For sake of clarity, if a potential winner is a team, the notification will only be sent to the Representative. In order to receive a Prize, the potential winner will be required to sign and return to the Sponsor, affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) within ten (10) business days (If a potential winner is a team, the Representative and all participating members must sign and return to the Sponsor said affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) within ten (10) business days).
B. At the sole discretion of the Sponsor, a potential winner will be deemed ineligible to win if:
(i) the potential winner (or in the case of a team, their Representative) does not respond to an email within ten (10) business days, or responds and rejects the Prize;
(ii) the potential winner (or in the case of a team, their Representative or any participating member) fail(s) to sign and return the affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) within ten (10) business days after such documents are sent;
(iii) the Prize or Prize notification is returned as undeliverable; or
(iv) the Submission or the potential winner, or any member of a potential winner’s team, is disqualified for any other reason.
In the event of a disqualification, Sponsor at their sole discretion may award the applicable Prize to an alternate potential winner. The disqualification of one (or more) team members from further consideration in this Competition for any reason may result in the disqualification of the entire team and of each participating member at the sole discretion of the Sponsor.
13. Prizes
Winner |
Prize |
Quantity
|
Judges’ Picks |
C$300 Shopify swag bag for each team member Total approximate retail value: C$400 |
2 |
Popular Choice Award |
C$150 Shopify swag bag for each team member Total approximate retail value: C$200 |
1 |
Honorable Mention |
Shopify swag bag for each team member |
3 |
A. No Prize substitutions will be made. Prizes must be accepted as awarded. No transfer or substitution of a Prize is permitted except at the Sponsor’s sole discretion. The Sponsor will not award a Prize if there are no eligible Submissions entered in the Competition, or if there are no eligible Contestants or Submissions for a specific Prize. A monetary Prize will be mailed to the winning Contestant’s or, if a team is selected as a prize winner, the Representative’s address within 45 days of receipt of the signed affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) form(s). If a team is selected as a Prize-winner, the associated Prize will be mailed to said team's Representative. The check for a monetary prize will be payable as determined by the Sponsor. It will be the responsibility of the winning Contestant or team Representative (if applicable) to allocate the Prize amongst their team members, as the Representative deems appropriate.
B. Winners (and in the case of team, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). It is the sole responsibility of Prize winners to provide certain information to facilitate receipt of the award, including completing and submitting any tax forms when necessary and compliance with any applicable withholding and reporting requirements. 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. Winners should be aware that Canadian or US withholding tax may apply to Prizes awarded. The Sponsor reserves the right to withhold a portion of the prize amount to comply with the tax laws of Canada or the United States or those of a winner’s jurisdiction.
C. In the event a winner/potential winner’s employer has a policy that prohibits the awarding of a Prize to an employee, and applies such policy to a Prize, the Prize will be forfeited and an alternate potential winner will be selected.
14. Entry Conditions and Release
A. Each Contestant hereby acknowledges and agrees that the relationship between the Contestant and the Sponsor and ChallengePost, is not a confidential, fiduciary, or other special relationship, and that the Contestant’s decision to provide the Contestant’s Submission to Sponsor and ChallengePost for the purposes of this Competition does not place the Sponsor, ChallengePost, and their respective agents in a position that is any different from the position held by the members of the general public with regard to elements of the Contestant’s Submission.
B. By entering, each Contestant (including, in the case of team, all participating members) agree(s) to:
(i) be bound by and comply with these Official Rules and the decisions of the Sponsor, ChallengePost, and/or the Competition Judges which are binding and final in all matters relating to this Competition; and
(ii) release, indemnify, defend and hold harmless the Sponsor, ChallengePost, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, 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 Contestant’s entry, creation of Submission or entry of a Submission, participation in the Competition, 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.
C. Without limiting the foregoing, the Released Parties shall have no liability in connection with:
(i) any incorrect or inaccurate information, whether caused by the Sponsor or ChallengePost’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Competition;
(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 Competition Website;
(iii) unauthorized human intervention in any part of the entry process or the Competition;
(iv) technical or human error which may occur in the administration of the Competition 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 Contestant’s participation in the Competition or receipt or use or misuse of any Prize.
If for any reason any Contestant’s Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Contestant’s sole remedy is to request the opportunity to resubmit its Submission. Such request must be made promptly after the Contestant knows or should have known there was a problem, and will be determined at the sole discretion of the Sponsor and ChallengePost.
15. Publicity
Participation in the Competition constitutes a winner’s consent to use by Sponsor, ChallengePost, and their respective agents, of personal information about the winner, including but not limited to a winner’s name, likeness, photograph, voice, opinions, comments and hometown and country, state/province/territory, or city of residence, 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 such consent is for a period of three years following the conclusion of the Competition. This consent applies to the Contestant, including, as applicable, all members of the team which participated in the winning Submission.
16. General Conditions
A. Sponsor and ChallengePost reserve the right, in their sole discretion, to cancel, suspend and/or modify the Competition, 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. Sponsor and ChallengePost reserve the right in their sole discretion to disqualify any individual or Contestant it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Competition 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 Competition, or a violation of any applicable law or regulation.
C. Any actual; or apparent attempt by any person to undermine the proper conduct of the Competition may be a violation of criminal and civil law. Should Sponsor or ChallengePost 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 Contestant to cooperate with an investigation and referral to criminal and civil law enforcement authorities.
D. The Sponsor and/or ChallengePost’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor and ChallengePost are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Contestants. Proof of sending or submitting will not be deemed to be proof of receipt by Sponsor or ChallengePost. The Sponsor and ChallengePost are not responsible for, nor are they required to count any vote which, in their sole judgment, is incomplete, late, misdirected, damaged, unlawful or illicit, including those secured through payment, votes achieved through automated means, as well as those lost for technical reasons, defective or otherwise in violation of these rules.
E. In the event of any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Competition materials, including but not limited to the Competition Submission form, Competition Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail.
F. The terms and conditions of the Official Rules are subject to change at any time, including the rights or obligations of the Contestant, the Sponsor, and ChallengePost. The Sponsor and ChallengePost will post the terms and conditions of the amended Official Rules on the Competition 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.
G. If at any time prior to the deadline, a Contestant or Prospective Contestant believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification.
H. Excluding Submissions, all intellectual property related to this Competition, 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 Sponsor and/or ChallengePost. 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 Sponsor or ChallengePost intellectual property shall be solely to the extent provided for in these Official Rules.
I. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to a Contestant, 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 Sponsor’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
17. Limitations of Liability
By entering, all Contestants (including, in the case of a team, 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 Contestant’s participation in the Competition. 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.
18. Disputes
A. Contestants 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 Competition, or any Prizes awarded, other than those concerning the administration of the Competition 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 Competition, or any Prizes awarded, shall be resolved exclusively by a Province of Ontario court and Contestants consent to the exclusive jurisdiction and venue of such courts; and
(iii) under no circumstances will Contestants be entitled to, and Contestants 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 Contestants, the Sponsor and ChallengePost in connection with the Competition, shall be governed by, and construed in accordance with, the domestic laws of the Province of Ontario and the Federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario.
19. Privacy
ChallengePost collects personal information from you when you enter the Competition. The information collected is subject to the privacy policy located here: http://ChallengePost.com/privacy.
20. Competition Results
For Competition results, visit Competition Website on or about October 7, 2013.
21. Contact Us
If you have any questions or comment, or wish to send us any notice regarding this Competition, please email us at Support@ChallengePost.com.