SHOP.COM DEVELOPER 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.
Contest Name: SHOP.COM Developer Challenge (the “Contest ”)
Contest Website: http://shop-com-unleash.devpost.com/ (the “Contest Website”)
Contest Website Host: Devpost, Inc. (formerly ChallengePost, Inc.), 433 W. 14th Street, #3F, New York, NY 10014 (the “Host”)
Administrator (the “Administrator”): Market America, Inc. (“Market America | SHOP.COM”), 1302 Pleasant Ridge Road, Greensboro, NC, 27409.
The Administrator is the entity responsible for the Contest .
2. DATES, TIMING, JUDGES, JUDGING CRITERIA, AND PRIZES
Contest Period: April 25, 2016 (9:00am Eastern Time) – July 25, 2016 (5:00pm Eastern Time) (the “Contest Period”)
Judging Period: July 26, 2016 (8:00am Eastern Time) – August 1, 2016 (5:00pm Eastern Time) (the “Judging Period”)
Judges: A five (5) member panel derived from these Market America | SHOP.COM officers: Chief Information Officer, Chief Technology Officer, Vice President of Internet Services, Executive Director of Front-end/UX,UI and Mobile, Senior Director Project Management and Business Operations
- Originality (includes creativity and uniqueness of the idea);
- User Experience (includes the application's usability and user design);
- Effective Use of the SHOP.COM Affiliate Publisher Network Application Program Interface Web Services (“SHOP.COM APN APIs”) (includes the extent to which the application utilizes the SHOP.COM APN APIs);
Two (2) prizes will be given away to two (2) lucky winners:
Grand Prize: $3,000 USD
Second Prize: $2,000 USD
*Subject to terms listed in Section 10(A).
Winners Announced: June 30, 2016 (5:00pm Eastern Time)
The Administrator will be the official timekeeper for the Contest .
The Contest IS open to:
- Teams of eligible Individuals; and
- Teams of eligible Individuals entering on behalf of organizations (including corporations, not-for-profit corporations and other nonprofit organizations, limited liability companies, partnerships, and other legal entities) that exist and have been organized or incorporated at the time of entry (“Organizations”)
(The above are collectively, “Makers”).
An Individual may join more than one Team and an Individual who is part of a Team may also enter the Contest Contest on an Individual basis.
If a Team is entering the Contest Contest, they must appoint and authorize one Individual (the “Representative”) to represent, act, and enter a Submission, on their behalf. The Representative must meet the eligibility requirements above. By entering a Submission on the Contest Website on behalf of a Team, Maker represents and warrants that Maker is the Representative authorized to act on behalf of Maker’s Team.
The Contest IS NOT open to:
- Individuals and organizations involved with the design, production, paid promotion, execution, or distribution of the Contest;
- Any Government Owned Entity (“GOE”)***;
- Any member of the Judges, any household* member of the Juges, any agent** involved with the Judges, or individual that employs a Judge;
- Any other individual or organization whose participation in the Contest would create, in the sole discretion of the Administrator, a real or apparent conflict of interest.
* The members of an individual’s immediate family include the individual’s spouse, children and stepchildren and their spouses, parents and stepparents, in-laws, and siblings and stepsiblings. The members of an individual’s household include any other person that shares the same residence as the individual, whether related or not, for at least three (3) months out of the year.
** Agents include individuals or organizations acting on behalf of, and at the direction of, a Promotion Entity through a contractual or other relationship.
*** A GOE is defined as an organization/individual who meets any of the following criteria: governmental bodies and employees - national, state, provincial, local, municipal government - and any department, agency, public enterprise or instrumentality of a government; state-owned hospitals, schools, utilities; state-owned enterprises (whether wholly- or partly-owned); public international organizations; private companies controlled fully or partly by or under common control with any of the above; a political party or party official, or any candidate for political office. GOE also includes GOE customers who may consist of: public schools, utilities and organizations licensed to provide public services; public international organizations, such as the United Nations or World Health Organization; entities subject to public procurement laws and regulations; other entities, even those that are privately held and those that are publicly traded, if a government, a public international organization, an entity subject to public procurement laws or a government official, owns or has the ability to exercise control over such entity; and U.S. Federal Clients, including: (i) executive, legislative and judicial branches of the U.S. Federal government, (ii) U.S. Government-affiliated corporations (e.g., Tennessee Valley Authority), (iii) quasi-governmental organizations (e.g., The Smithsonian Institution), or (iv) commercial business enterprises operating under a U.S. Federal government power of attorney, or with Management Operating Contractor (MOC) status.
4. SUBMISSION REQUIREMENTS
Makers must do the following to participate in the Contest :
- Register for the Contest on the Contest Website by clicking the “Register” button. To complete registration, each Eligible Individual should sign up to create a Devpost account or log in with an existing Devpost account. There is no charge for creating a Devpost account. This will enable Makers to receive important updates and access the “Enter a Submission” (“Submission”) page. All Eligible Individual Team members must also create a Devpost account in order to be added to a Submission;
- Build a working software application that uses one or more SHOP.COM APN APIs as listed at developer.shop.com;
- Create a Video (the “Video”) that clearly explains the features and functionality of the application, including how SHOP.COM APN APIs were implemented; and
- Complete and enter all of the required fields on the Submission page of the Contest Website during the Contest Period, and follow the requirements below:
- A. Language Requirements
All Submission materials must be in English.
B. Application Requirements
(i) What to Create: Makers must create a working software application that uses one or more SHOP.COM APN APIs in a creative, innovative, new, or interesting way (the “Application”).
(ii) Functionality: The Application must be capable of being successfully installed and running consistently on the platform for which it is intended, and must function as depicted in the Video (described below in Section 4(C)(iii)).
(iii) Platforms: A submitted Application must run on at least one of the following:
- A smartphone or tablet (iOS, Android, Blackberry, Windows Mobile)
- A web browser (mobile or desktop)
- A wearable device
(iv) New & Existing Applications: Applications must be newly created by the Maker after the start of the Contest Period or, if the Application existed prior to the start of the Contest Period it must not have been marketed in any way.
(v) Testing: The Maker must make the Application available free of charge and without any restriction, for testing, evaluation and use by the Administrator and Judges during the Contest and until the Judging Period ends.
If the Application includes software that runs on proprietary or third party hardware that is not widely available to the public, the Administrator reserves the right, at their sole discretion, to require the Maker to provide physical access to the Application hardware upon request.
For Applications running on widely available smartphones, tablets, desktop computers, or wearable devices, Makers may make their Application available using one of the following methods:
- Android Applications:
Upload an APK file on the Submission page or provide a link for downloading the Application in the “Testing Instructions” field on the Submission page.
- iOS Applications:
If Maker’s Application is available on the iTunes App Store provide a link in the “Website URL” field on the Submission page. If Maker charges a fee for downloading the Application, Maker must provide a promo code.
If Maker’s Application is not yet publicly available on the iTunes App Store, Maker must email a test build to the Administrator at firstname.lastname@example.org before the end of the Contest Period.
- Windows Phone applications:
Upload a XAP file on the Submission page or provide a link for downloading the Application in the “Testing Instructions” field on the Submission page.
Upload the appropriate installation files on the Submission page or provide a link for downloading the installation file in the “Testing Instructions” field on the Submission page.
- Web/Mobile Web:
Provide a link for accessing the Application in the “Testing Instructions” field on the Submission page.
Upload the appropriate installation files on the Submission page or provide a link for downloading the installation file in the “Testing Instructions” field on the Submission page.
(vi) Multiple Submissions: Makers may submit more than one Submission, however, each Submission must be unique and substantially different from the others, as determined by the Administrator.
(vii) Software Development Kits (“SDKs”), Application Program Interfaces, & Data: Applications may integrate SDKs, Application Program Interfaces and data, provided Makers are authorized to use them.
(viii) Intellectual Property: Makers’ Submission must: (a) be Makers’ (or Makers’ Team or Organization’s) original work product; (b) be solely owned by Makers, Makers’ Team, or Makers’ Organization with no other person or entity having any right or interest in it; and (c) 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. Makers may contract with a third party for technical assistance to create the Submission provided the Submission components are solely the Makers’ work product and the result of the Makers’ ideas and creativity, and the Makers own all rights to them. Makers may submit a Submission that includes the use of open source software or hardware, provided Makers comply with applicable open source licenses and, as part of the Submission, create software that enhances and builds upon the features and functionality included in the underlying open source product. By entering the Contest Makers represent, warrant, and agree that Makers’ Submission meets these requirements.
(ix) Financial or Preferential Support: An Application must not have been developed, or derived from an Application developed, with financial or preferential support from the Administrator. Such Applications include, but are not limited to, those that received funding or investment for their development, were developed under contract, or received a commercial license, from the Administrator any time prior to the end of the Contest Period. The Administrator, at their sole discretion, may disqualify an Application, if awarding a prize to the Application would create a real or apparent conflict of interest.
- Text Description, Image, and Video Requirements
(i) Text Description: The text description should explain the features and functionality of the Application, which SHOP.COM APN services were used, and how those SHOP.COM APN services were used.
(ii) Images: The image(s) should be photographs or screenshots of the working Application.
(iii) Video: The video portion of the Submission:
- Should be less than ten (10) minutes;
- Must include footage that clearly explains the Application’s features and functionality through a comprehensive demonstration;
- Must be uploaded to YouTube, or Vimeo with a link to the video provided on the Submission form on the Contest Website; and
- Must not include third party trademarks, or copyrighted music or other material unless the Makers have permission to use such material.
- Makers’ Rights: Subject to the licenses described below, any applicable intellectual property rights to a Submission will remain with the Makers.
- Administrator Rights: By entering the Contest , Makers grant to the Administrator and any other third parties acting on the Administrator’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, but is not limited to, posting or linking to the Submission on Administrator’s and partners’ websites and applications, including the Contest Website, and display and promotion of the Submission in any other media, worldwide.
If the Maker receives an offer to acquire the Application from a third party, the Maker will offer the Application to the Administrator on the same terms and conditions offered by the third party, and the Administrator will have 30 days during which to accept the Maker’s offer. If the Administrator does not accept the Maker’s offer within 30 days, the Maker will have the right to accept the third party’s offer. If the Maker does not enter into an agreement and close a transaction with the third party within an additional 120 days, on the terms offered to the Administrator or terms more favorable to the Maker, the Maker’s right to transfer their Application to the third party will expire and the Maker will have to repeat the procedure described in this paragraph.
- Submission Display: The following Submission components may be displayed to the public: name, description, images, video URL, website URL, Team members (username only), the Submission category and platform, and submitter type. Other Submission materials may be viewed by the Administrator and Judges for screening and evaluation.
5. SUBMISSION RIGHTS
Makers represent and warrant that the Administrator and Contest partners are free to use Makers’ Submission in the manner described above, as provided or as modified by Administrator, without obtaining permission or license from any third party and without any compensation to Makers.
6. VERIFICATION OF POTENTIAL WINNERS
- Verification Requirement: 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 SUBMISSION. The final decision to designate a winner shall be made by the Administrator.
- Required Forms: Potential winners will be notified using the email address associated with the Devpost account used to enter the Submission (the submitter is the Representative in the case of a Team or Organization). In order to receive a Prize, the potential winner (including all participating Individual Team members in the case of a Team or Organization) will be required to sign and return to the Administrator an Affidavit of Eligibility (or a similar verification document), Release of Liability, Publicity Release, an IRS W-9, and any other applicable tax forms (“Required Forms”).
(i) Deadline for Returning Required Forms: Ten (10) business days after the Required Forms are sent to the potential winner.
- Disqualification: The Administrator may deem a potential winner (or participating Individual Team members) ineligible to win if:
(i) The potential winner’s Team Representative or any participating Individual Maker does not respond to multiple emails or fails to sign and return the Required Forms by the deadline listed above, or responds and rejects the Prize;
(ii) The Prize or Prize notification is returned as undeliverable; or
(iii) The Submission or the potential winner, or any Individual Maker of a potential winner’s Team or Organization, is ineligible for any other reason.
In the event of a disqualification, the Administrator may award the applicable Prize to an alternate potential winner.
7. PRIZE DISTRIBUTION
- Substitutions & Changes: The Administrator has the right to make a Prize substitution of equivalent or greater value. The Administrator will not award a Prize if there are no eligible Submissions entered in the Contest , or if there are no eligible Makers or Submissions for a specific Prize.
- Prize Delivery: The Prizes will be mailed to the winning Maker’s address (if an Individual) or the Representative’s address (if a Team or Organization) after receipt of the Required Forms. Prizes will be given to the Maker, if an Individual, to the Representative, if a Team, or to the Organization, if the Makers are an Organization. It will be the responsibility of the winning Makers’ Representative to allocate the Prize among their Team’s or Organization’s members, as the Representative deems appropriate.
- Prize Delivery Timeframe: Within forty-five (45) days of the Administrator’s receipt of the Required Forms.
- Taxes: Winners (and in the case of Team or Organization, all participating Individual Makers) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). Winners will be required to provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed IRS form W-9 and residents of other countries are required to provide a completed W-8BEN form. 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. The Administrator reserve the right to withhold the prizes to comply with the tax laws of the United States or those of a winner’s jurisdiction.
8. ENTRY CONDITIONS AND RELEASE
- The relationship between the Makers and the Administrator is not a confidential, fiduciary, or other special relationship.
- Makers will be bound by and comply with these Official Rules and the decisions of the Administrator and/or the Contest Judges which are binding and final in all matters relating to the Contest .
- Makers release, indemnify, defend and hold harmless the Administrator, Promotion Entities, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest , 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 Maker’s entry, creation of Submission or entry of a Submission, participation in the Contest , 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.
- Without limiting the foregoing, the Released Parties shall have no liability in connection with:
- Any incorrect or inaccurate information, whether caused by the Administrator’s electronic, printing, distribution, or production error, or by any of the equipment or programming associated with or utilized in the Contest ;
- Technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity; failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic transmission errors; or network hardware or software or failure of the Contest Website;
- Unauthorized human intervention in any part of the entry process or the Contest ;
- Technical or human error which may occur in the administration of the Contest or the processing of Submissions; or
- Any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Maker’s participation in the Contest or receipt or use or misuse of any Prize.
The Released Parties are not responsible for incomplete, late, misdirected, damaged, lost, stolen, illegal, illegible, inaccurate, non-delivered, postage-due, or incomprehensible Submissions or for address or email address changes of the Makers. Proof of sending or submitting will not be deemed to be proof of receipt by the Administrator.
If for any reason any Maker’s Submission is determined to have not been received or been erroneously deleted, late, lost, or otherwise destroyed or corrupted, the Maker’s sole remedy is to request the opportunity to resubmit its Submission. Such request must be made promptly after the Maker knows or should have known there was a problem, and will be determined at the sole discretion of the Administrator.
Acceptance of the Prize constitutes permission to the Administrator and third parties acting on their behalf to use winner’s name, entry, likeness, photograph, hometown, and/or country of residence without compensation, consideration, or right of review (“Personal Information”). Personal Information may be used in any existing or newly created media, worldwide, unless prohibited by law. Authorized use includes advertising and promotional purposes.
This consent applies, as applicable, to Makers, including all Makers who are members of a Team or Organization that participated in the winning Submission.
10. GENERAL CONDITIONS
- Administrator reserves the right, in its sole discretion, to cancel, suspend and/or modify the Contest , 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.
- Administrator reserves the right, in its sole discretion, to disqualify any Maker it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Contest 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 Contest , or a violation of any applicable law or regulation.
- Any attempt by any person to undermine the proper conduct of the Contest may be a violation of criminal and civil law. Should Administrator 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 Maker to cooperate with an investigation and referral to criminal and civil law enforcement authorities.
- If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Contest materials, including but not limited to the Contest Submission form, Contest Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of these Official Rules shall prevail.
- The terms and conditions of these Official Rules are subject to change at any time, including the rights or obligations of the Maker and the Administrator. The Administrator will post the terms and conditions of the amended Official Rules on the Contest 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.
- If at any time prior to the deadline, a Maker or prospective Maker believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification.
- The Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to a Maker, 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 Administrator’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
- Excluding Submissions, all intellectual property related to this Contest , 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 Administrator. 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 Administrator intellectual property shall be solely to the extent provided for in these Official Rules.
11. LIMITATIONS OF LIABILITY
By entering, all Makers (including, in the case of a Team or Organization, all participating Individual Makers) agree to be bound by the Official Rules and hereby release, discharge, and hold harmless the Released Parties from and against any and all liability or damages in connection with the Prizes or Maker’s participation in the Contest . 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.
- Makers 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 Contest , or any Prizes awarded, other than those concerning the administration of the Contest, 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 Contest or any Prizes awarded, shall be resolved exclusively by the appropriate North Carolina State Court and Makers consent to the exclusive jurisdiction and venue of such courts; and
(iii) Under no circumstances will Makers be entitled to, and Makers 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.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Makers and the Administrator in connection with the Contest , shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
13. ADDITIONAL TERMS THAT ARE PART OF THE OFFICIAL RULES
Please review the Host’s Terms of Service at http://Devpost.com/terms for additional rules that apply to Maker’s participation in the Contest and more generally Maker’s use of the Contest Website. Such Terms of Service are incorporated by reference into these Official Rules. If there is a conflict between the Terms of Service and these Official Rules, the latter terms shall control with respect to this Contest only.
Participation in the Contest constitutes Maker’s full and unconditional agreement to these Official Rules. By entering, Maker agrees that all decisions related to the Contest that are made pursuant to these Official Rules are final and binding, and that all such decisions are at the sole discretion of the Administrator.
If Makers have any questions or comment, or wish to send any notice regarding this Contest , please email the Administrator at email@example.com.