- LEGAL TERMS: By submitting an Entry (as defined herein) to the “¬Z-Wave Smart Home Maker Challenge” contest (the “Mission”), you are agreeing to be bound by the following legal terms (“Official Rules”) at https://makershare.com/missions/z-wave-challenge (the “Mission Website”). THESE OFFICIAL RULES SUPERSEDE ANY OTHER RULES AND TERMS & CONDITIONS ON THE MISSION WEBSITE TO THE EXTENT THERE IS ANY CONFLICT OF TERMS.
- SPONSORS: The Mission is administered by Maker Media, Inc. (“Make”), 1700 Montgomery Drive, Suite 240, San Francisco, CA 94111, on behalf of Sigma Designs, Inc. (“Sigma Designs”), 47467 Fremont Blvd, Fremont, CA 94538 and secondary sponsor Z-Wave Products Inc. (“ZWaveproducts.com”), 70 Commercial Ave. Warehouse A, Moonachie, NJ 07074. Make and Sigma Designs collectively are referred to as “Sponsors”.
- MISSION OBJECTIVE: To see how the maker community might advance Internet of Things (IoT) technology to make our lives more connected using Z-Wave technology (http://zwavepublic.com). Entries to this challenge can focus on innovations in well-known areas (home security, energy management, and home monitoring) to relatively unexplored areas (like “aging in place”, assistive technology for disabilities or reducing your bill for utilities or even insurance). Your project doesn’t have to have any commercial application; it just has to make your home more convenient, comfortable, affordable, or fun for you and your family (including pets!)
- MISSION DATES: The Mission commences at 8 am PDT on September 19, 2017, and the Entry submission deadline is 11:59pm PST on December 11, 2017.
- ELIGIBILITY: The Mission is open to all individual over the age of 18. Employees of Sigma Designs, ZWaveproducts.com, Make or the Z-Wave Alliance, and contractors currently under contract work for any of the foregoing are not eligible. Partners of those receiving funding and/or assistance from Sigma Designs for development are not eligible. Any application that is or was funded or compensated, partially or fully, by Sigma Designs or the Z-Wave Alliance is not eligible for entry. Each Entrant (as defined below) is solely responsible for all equipment and all costs incurred by Entrant or on Entrant’s behalf associated with participating in the Mission, including but not limited to, a computer and modem necessary to establish a connection to the World Wide Web, access to the World Wide Web, and any related telephone, data, hosting or other service fees associated with such access. An Entry may be submitted by a team or by an individual; however, if submitted by a team, the Entrant must designate an individual as the primary Entrant, and they hereby acknowledge and agree that only such designee will be solely awarded any Award.
- HOW TO ENTER: To enter, you must first create an account on https://makershare.com (if you already have such an account, you need not create a new account). All of the registration information that you provide is collectively referred to as your "Account." At the Mission Website you will find further instructions for submitting your proposal. You must submit your completed proposal (your “Entry”) following the instructions provided on the Mission Website. By submitting your Entry, you formally accept the Official Rules for the Mission.
By submitting an Entry, you agree that (a) your Account is complete, correct and accurate and (b) your registration may be rejected or terminated and all Entries submitted by you may be disqualified if any of the information in your Account is (or Sponsors have reasonable grounds to believe it is) incomplete, incorrect or inaccurate. You are solely responsible for your Account. Registration information is collected by Make, on behalf of Sigma Designs, and may be transferred elsewhere globally as needed for the purposes of the Mission and the Sponsors’ business purposes.
Each registrant is referred to as an "Entrant" in these Official Rules and as “Entrant” on the Mission Website.
All Entries must be in English.
Sponsors are not responsible for (a) late, lost, stolen, damaged, garbled, incomplete, incorrect or misdirected Entries or other communications, (b) errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines, or (c) data corruption, theft, destruction, unauthorized access to or alteration of Entry materials, loss or other issues related to data such as quality, access or security. Sponsors are not responsible for electronic communications or emails which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in any email account to receive email messages. Sponsors disclaim any liability for damage to any computer system resulting from participation in, or accessing or downloading of information in connection with, the Mission.
Sponsors reserve the right to modify, remove or add data to the Mission Website upon notice to Entrants via email using the email address associated with their Accounts and/or by such other reasonable means as Sponsors may determine. Sponsors reserve the right in their sole discretion to extend or modify the dates of Mission and/or Entry submission dates, and to change the terms of these Official Rules governing any portion thereof taking place after the effective date of any such change upon notice to Entrants via email using the email address associated with their Accounts and/or by such other reasonable means as Sponsors may determine. Entrants are urged to consult the Mission Website regularly during the Mission.
Sponsors shall have the right to remove any blog comment or posting related to the Mission from the Mission Website in their sole discretion at any time and for any reason.
BY REGISTERING FOR THE MISSION, YOU ACCEPT THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREE TO BE BOUND BY THE DECISIONS OF THE MISSION JUDGES AND WARRANT THAT YOU ARE ELIGIBLE TO PARTICIPATE IN THE MISSION. IF YOU DO NOT ACCEPT ALL OF THESE OFFICIAL RULES, THEN DO NOT SUBMIT AN ENTRY TO THE MISSION. WE RECOMMEND THAT YOU PRINT A COPY OF THESE OFFICIAL RULES FOR YOUR FUTURE REFERENCE.
ENTRY GUIDELINES AND REQUIREMENTS: Entrants will submit Entries in two parts via instructions on the Mission Website (the “Entry Guidelines and Requirements”). Entries should serve as a detailed introduction to Entrant’s proposed approach for creating a smart home app. Phase I calls for idea submission, which must be submitted by October 11, 2017. Selected entries will receive a Raspberry Pi equipped with the Z-Wave Developers Kit and their choice of one Z-Wave Certified device to complete their entry (see Z-Wave Public Developer Site at http://zwavepublic.com/developer
). Phase II calls for a detailed project. The receipt of any Award (as defined in Section 15 herein) by an Entrant utilizing a developer kit to complete their entry is contingent upon the entrant entering into and accepting the terms and condition of the Z-Wave development kit license agreement prior to receiving access to the Z-Wave software development kit. All project entries will be considered, regardless of receiving a developer kit or not.
8. GENERAL INFORMATION: Participation is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law. Multiple Entries are permitted. Each Entry will be reviewed independently. Each Entrant is responsible for checking applicable laws and regulations in Entrant’s jurisdiction before participating in the Mission to make sure that Entrant’s participation is legal. Entrant is responsible for abiding by Entrant’s employer's policies regarding participation in the Mission. Entrant is responsible for confirming with Entrant’s university, institution or other such relationship that Entrant’s Entry does not violate any policies set by that university, institution or other such relationship. Sponsors disclaim any and all liability or responsibility for disputes arising between Entrant and Entrant’s university or employer related to this Mission. Entrant is responsible for all taxes and reporting related to any Award that Entrant may receive as part of the Mission. Entrant agrees Entrant may be subject to background screening as needed to assure Entrant’s legal compliance.
9. ENTRANT’S INTELLECTUAL PROPERTY RIGHTS: Entrants are solely responsible for protecting any and all intellectual property rights in any submissions made as part of their Entry for the Mission. Entrants are also solely responsible for making an independent determination that they are authorized to submit a product or prototype idea in the Mission by notifying their employer or any other party who may have rights in anything contained in the Entry. The Sponsors have the right to disqualify any Entrant’s Entry in their sole discretion and at any stage of the Mission prior to the awarding of prizes in the event that a Sponsor receives any notification that an Entrant did not have all rights required to make the Entry.
Each Entrant grants to the Sponsors each of the following unlimited, irrevocable, worldwide, royalty-free rights:
- To use the name, photograph or likeness of Entrant in any publicity or promotion relating to the Mission, Sigma Designs or Make;
- To use, demonstrate, photograph, and display, the Entrant’s prototype or product idea in any publicity or promotion relating to the Mission, Sigma Designs or Make;
- To disseminate for evaluation to various members of Sponsors any information provided by Entrant as part of their Entry without restriction, and without expectation of compensation by Sigma Designs or Make.
10. BUSINESS RELATIONSHIP: The intent of the Mission is to encourage people to suggest their ideas and innovations to Sponsors. Participation in this Mission and acceptance of the Award does not create an obligation on either Entrant’s part or Sigma Designs’s part to negotiate or enter into any business relationship or to sign any commercial agreement.
12. CONFIDENTIALITY: Since Sponsor does not wish to receive confidential information, or hold any submitted materials “in confidence,” it is agreed that, with respect to your Entry, no confidential relationship or obligation of secrecy is established between Sponsors and you, and/or the owner of any part of your Entry. Sponsor shall have no liability or responsibility for use by any other individual or entity of any aspect of your Entry.
13. WARRANTIES: By submitting an Entry, Entrant represents and warrants that all information in your Entry and all information that you submit via the Mission Website is true and complete to the best of your knowledge, that you have the right and authority to submit the Entry and disclose the information therein on your own behalf or on behalf of the persons and entities that you specify within the Entry, and that your Entry and the underlying technology/method/idea described in the Entry):
(a) is your own original work and representative of your capability, or is submitted by permission with full and proper credit given within your Entry;
(b) does not contain confidential information or trade secrets (yours or anyone else’s);
(c) does not, to the best of your knowledge, violate or infringe upon the patent rights, industrial design rights, copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity;
(d) does not contain malicious code, such as viruses, malware, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
(e) does not and will not violate any applicable law, statute, ordinance, rule, regulation, confidentiality agreement or other agreement; and
(f) does not trigger any reporting or royalty or other obligation to any third party.
A breach of any warranty set out in this provision of the Official Rules will result in the corresponding Entry being invalid. In addition, you agree to indemnify Sponsors against all loss, damages and costs incurred by the Sponsor arising from your breach of the warranty.
14. JUDGING: Entries will be evaluated by a panel of at least three (3) judges comprised of a Make Editor, Sigma Designs employee, and an industry expert, (collectively the “Judges”).
Entries will be evaluated based on compliance with Entry Guidelines and Requirements as well as, but not limited to, the following criteria (collectively the “Judging Criteria”):
Judging will occur during the period from December 12, 2017 to December 15, 2017. The Entry that best meets the Judging Criteria will be selected as the winner and will be eligible to receive the Award.
ALL DECISIONS OF SIGMA DESIGNS, MAKE: AND THE JUDGES WILL BE FINAL AND BINDING ON ALL MATTERS RELATING TO THIS MISSION.
15. AWARDS: On December 22, 2017, Sponsors will announce the Mission winners via the Mission Website, and will win the following (the “Awards”):
Subject to the remainder of this section, the grand prize winner will receive a paid trip and accommodations to Las Vegas to attend CES in January, 2018, to exhibit their project in the Z-Wave Alliance Booth. Airfare and accommodations for the Grand Prize winner will be limited to a maximum of $5,000 USD. Any and all additional expenses are the responsibility of the recipient and not the responsibility of the Sponsors. The second and third place winners will receive Z-Wave device accessory kits valued at $2,000.00 and $1,000.00, respectively, from ZWaveproducts.com.
AS A CONDITION FOR RECEIPT OF ANY AWARD, WINNERS WILL BE REQUIRED TO EXECUTE ADDITIONAL DOCUMENTATION INCLUDING BUT NOT LIMITED TO A DECLARATION OF ELIGIBILITY AND RELEASE.
The Judges and Sponsors reserve the right to award no winner, if in Sponsors’ sole discretion, an insufficient number of eligible Entries meet the Judging Criteria for the Mission. Sigma Designs also may, at its own discretion and based on the merits of the proposed design, explore funding an Entry for further development and/or commercialization, even if the Entry is not a winner.
The potential winner will be notified by the email address provided in their Maker Share Account. The potential winner must accept the Award within 48 hours of receiving the foregoing notification email, or the prize is forfeited. Return of the notification email as “undeliverable” will result in disqualification. All Awards are subject to verification of eligibility and compliance with these Official Rules. Award winner may, subject to applicable laws and regulations, be screened to ensure award winner is not included on any Government Watch List.
All decisions of the Sponsors and Judges will be final and binding on all matters relating to the Mission. No substitution or transfer of Awards is permitted.
The Award is a one-time offer and there is no offer of licensure, royalty, or other financial compensation implied beyond the Award. Each winner is responsible for all taxes and reporting related to any Award received as part of the Mission.
This is a contest of skill. Whether or not your Entry is determined as the winner depends on how your Entry compares to the other Entries submitted in the Mission when evaluated based on the Judging Criteria.
Make: is administering the Mission on Sigma Design’s behalf, and Sigma Designs is solely responsible for providing all Awards hereunder. Entrant agrees to look solely to Sigma Designs for the provision of an Award in the event it is declared the winner thereof.
16. LIMITATION OF LIABILITY: By participating in the Mission, an Entrant agrees to release, indemnify and hold harmless Make and Sigma Designs and their respective affiliates, subsidiaries, advertising and promotions agencies, as applicable, and each of their respective agents, representatives, officers, directors, shareholders, and employees (collectively, “Sponsor Entities”) from and against any injuries, losses, damages, claims, actions and any liability of any kind (including attorneys’ fees) resulting from or arising out of Entrant’s participation in, association with or submission to the Mission (including any claims alleging that your Entry infringes, misappropriates or violates any third party’s intellectual property rights). Sponsor Entities are not responsible for any miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software or virus, or incomplete, late or misdirected Entries. Any compromise to the fair and proper conduct of this Mission may result in the disqualification of an Entry, termination of the Mission, or other remedial action, at the sole discretion of the Sponsors. Make and Sigma Designs reserve the right in their sole discretion to extend or modify the dates of the Mission, and to change the terms of these Official Rules governing any Phase or portion thereof taking place after the effective date of any such change. By entering, you agree to these Official Rules and to all decisions of Make and Sigma Designs, and/or all of their respective agents, which are final and binding in all respects.
17. NO OBLIGATION: Entrant acknowledges that multiple participants may submit Entries that contain designs, concepts or technologies similar to your Entry and that Sigma Designs and/or its respective subsidiaries and business partners may already be investigating or developing technical solutions or business activities that are related or similar to those that you disclose in your Entry. You acknowledge and agree that Sigma Design’s actions with respect to another Entry or one of its own solutions or business activities, even if similar to your Entry, shall not create in Sigma Designs any liability to you or others. Further, Sigma Designs is not or shall not be restricted in any way from pursuing, developing, or commercializing, in any way that it sees fit, independent of you and at its sole discretion, any technology that is created independent of your Entry. For the avoidance of doubt, Entrant acknowledges that Sponsors are not obligated to take any action whatsoever with regard to your Entry.
18. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall 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 Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.
19. WAIVER: By entering the Mission, you waive all rights to seek injunctive or equitable relief, or to claim punitive, incidental or consequential damages, or attorneys’ fees.
20. APPLICABLE LAW: You agree that these terms and the relationship between you and the Sponsors shall be governed by the laws of the United States and the State of New York.
You acknowledge and agree that all aspects and content of your Entry, including intellectual property rights embodied in the Entry, shall be treated as if made in the United States and United States laws relating to patents, inventions, assignments and compensation shall supersede the relevant laws of any country in which the Entry may have been conceived and/or made.