1. LEGAL TERMS: By submitting an Entry (as defined herein) to the Make the Unmakeable (the “Competition”), you are agreeing to be bound by the following legal terms (“Terms and Conditions”). The Terms and Conditions also incorporate by reference the additional terms specified at https://grabcad.com/challenges/make-the-unmakeable-challenge-1 (the “Competition Website”). An “Entry” shall be considered all of participant’s computer aided design files provided in an approved format (as described below in Section 6) submitted for the express purpose of entering the Competition in accordance with these Terms and Conditions and those specific technical requirements set forth hereunder or on any website referenced in this set of Terms and Conditions. YOU ACKNOWLEDGE THAT SPONSORS WILL NOT TREAT ANY ENTRY YOU SUBMIT AS “CONFIDENTIAL INFORMATION”, AND THAT ANY SUCH ENTRY SHALL NOT CONTAIN OR INCLUDE ANY “TRADE SECRET”, OR SENSITIVE OR RESTRICTED “PROPRIETARY” INFORMATION THAT YOU WOULD NOT OTHERWISE WANT TO BE MADE PUBLIC, BE PART OF THE PUBLIC DOMAIN OR PUBLISHED, DISPLAYED AND/OR DEMONSTRATED IN IMAGES, VIDEOS OR OTHER MEDIA OR CONTENT FORMS ON SPONSORS’, AFFILIATES’ OR THIRD PARTY WEBSITES, WITHOUT LIMITATION, AT SPONSORS’ SOLE DISCRETION. Sponsor shall use commercially reasonable efforts to provide direct attribution to you for any public communication or display of your Entry, but Sponsors expressly disclaim any liabilities for failing e to provide such attribution in all instances.
THESE OFFICIAL TERMS AND CONDITIONS SUPERSEDE ANY OTHER RULES AND/OR TERMS AND CONDITIONS ON THE GRABCAD WEBSITE (THE COMPETITION “ADMINISTRATOR”), TO THE EXTENT THERE ARE ANY CONFLICTING GENERAL TERMS, CONDITIONS OR RULES POSTED ON THE GRABCAB WEBSITE.
2. SPONSORS; ADMINISTRATOR: The Competition is administered by GrabCAD, located at 38 Cameron Drive, Suite 250, Cambridge, Massachusetts 02142 on behalf of Kemeera Inc. DBA FATHOM, whose principal place of business is 3000F Danville Blvd. #141, Alamo, CA 94507 with offices located at 315 Jefferson Street, Oakland, California 94607 (“FATHOM” or “Prize Sponsor”). GrabCAD and Prize Sponsor are collectively referred to as “Competition Sponsors” or “Sponsors.”
3. COMPETITION DATES: The Competition commences at 12:01 am Pacific Time on February 24, 2015 (“Competition Commencement Date”) and ends 11:59 pm Eastern Time, on April 6, 2015 (“Competition End Date”). The Sponsors envision a series of three (3) Competitions during 2015, and the timeframe and/or Entry content criteria for the two (2) future Competitions shall be announced at a future date. Sponsors reserve the right to discontinue the Competition at any time, and/or limit the Competition to a single phase, at its sole and exclusive discretion.
4. GENERAL INFORMATION: Sponsors will stop receiving Competition Entries on the Competition End Date. Thereafter, judges will review all properly submitted and eligible Entries, and the Prize Sponsor will announce Competition winners as described below in Section 9. Your 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. Multiple individuals or entities may collaborate to submit a single Entry, but a single individual must be designated as an official representative for each Entry. You are responsible for understanding and complying with applicable laws and regulations in your jurisdiction before participating in the Competition to make sure that your participation is not prohibited or restricted. You are responsible for abiding by your employer's policies regarding participation in the Competition. If you are entering the Competition on behalf of a corporation, or other corporate entity, business partnership, university, or any such other similar institution or relationship, you are responsible for confirming with that organization that your Entry does not violate any policies set by that organization. By making any Entry submission to this Competition, you are expressly representing and warranting (or do so on behalf of your organization) that you have all power and authority to make the Entry submission, and that you are not violating any law, rule, regulation, policy or other mandatory obligation or practice in connection with any such Entry submission, subject those additional terms set forth below in Section 13. SPONSORS DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR DISPUTES ARISING BETWEEN YOU AND YOUR EMPLOYER RELATED TO THIS COMPETITION. You are responsible for all taxes and reporting related to any award that you may receive as part of the Competition. You may be subject to background screenings and other informational requirements as needed to assure the Sponsors’ ability to comply with all applicable law, to ensure and verify your eligibility for the Competition and determine your compliance with these Terms and Conditions.
5. ELIGIBILITY: The Competition is open to all individuals over the age of 18 or the age of majority in your place of residency or domicile, and to all validly formed legal entities in good standing in the state or other jurisdiction of its formation or incorporation. Employees and current contractors of FATHOM, GrabCAD and any of their respective affiliates or subsidiaries are not eligible to enter the Competition.
You are solely responsible for all equipment, as well as all costs incurred by you or on your behalf associated with participating in the Competition, including but not limited to, any computer access to the internet and any related software, telephone, data, hosting or other service fees associated or included with such access, as well as all costs incurred by you or on your behalf in participating in the Competition.
6. HOW TO ENTER: To enter, you must first create an account on www.grabcad.com (unless you already have such an account, in which case you need not create another account but can simply enter your user name and password). All of the registration information that you provide is collectively referred to as your "Account”. At the Competition Website you will find further instructions that you must observe. You must submit your completed Entry proposal (hereinafter referenced interchangeably as your “proposal,” “submission” and/or “response” on the Competition Website) following the instructions provided on the Competition Website and in accordance with these Terms and Conditions. By submitting your Entry, you formally acknowledge and accept these Terms and Conditions for this Competition.
Each registrant is referred to herein as an "Entrant" and as an “Entrant” or “Respondent” on the Competition Website.
All Entries must be in English.
Entry attachments may be submitted in any of the following file formats: STEP and IGES. PRIZE SPONSOR RESERVES THE RIGHT TO MAKE MINOR EDITS TO THE SUBMITTED ENTRY FILES IN ORDER TO ALLOW THE ENTRY TO BE PRINTED PROPERLY IN ACCORDANCE WITH THE TECHNICAL STANDARDS DESCRIBED IN THESE TERMS AND CONDITIONS.
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 submitted data such as quality, access or security. Sponsors are not responsible for electronic communications or emails that 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 AND ALL LIABILITY FOR LOSS OF YOUR DATA, DAMAGE TO OR INACCESSIBILITY OF, YOUR ENTRY SUBMISSION, AND ALL DAMAGES TO ANY COMPUTER SYSTEM RESULTING FROM PARTICIPATION IN, OR ACCESSING OR DOWNLOADING OF INFORMATION IN CONNECTION WITH, THE COMPETITION.
Sponsors reserve the right to modify, remove or add data and information to the Competition Website upon notice to Entrants via email using the email address associated with your Accounts and/or by any such other reasonable means as Sponsors may determine, at its sole discretion. Sponsors reserve the right, in their sole discretion, to discontinue the Competition at any time, or to extend or modify the dates of the Competition and/or Entry submission dates, and to change these Terms and Conditions at any time, upon notice to Entrants, using the email address associated with your Accounts and/or by such other reasonable means as Sponsors may determine, at their sole and exclusive discretion. Entrants should consult and visit the Competition Website regularly during the Competition.
Sponsors have the right to remove any third party blog comment or posting related to or about the Competition from the Competition Website at any time and for any reason, in their sole discretion.
BY REGISTERING FOR THE COMPETITION, YOU EXPRESSLY AND UNCONDITIONALLY ACCEPT THESE TERMS AND CONDITIONS, AGREE TO BE BOUND BY THE DECISIONS OF THE JUDGES, AND REPRESENT THAT YOU ARE ELIGIBLE TO PARTICIPATE IN THE COMPETITION. IF YOU DO NOT ACCEPT THESE TERMS AND ALL APPLICABLE RULES AND CONDITIONS, THEN PLEASE DO NOT SUBMIT AN ENTRY TO THE COMPETITION. WE RECOMMEND THAT YOU PRINT A COPY OF THESE OFFICIAL RULES FOR YOUR FUTURE REFERENCE.
7. ENTRY CRITERIA GUIDELINES: Entrants will submit Entries via instructions on the Competition Website. Each submitted Entry can serve as an introduction to Entrant’s design approach, as well as Entry’s technical background and expertise. Each Entry should have the following characteristic:
- STEP or IGES files format, and Preferred file naming convention for single material builds should identify project name, technology, material, and color (if applicable)
- For all assembly submissions, follow guidelines specified in Rhino and SolidWorks White Papers by FATHOM;
- Preferred file naming convention for multi-material or multi-technology builds should identify project name, material, and color;
- Single files should be organized in folders that identify technology.
- Visual presentation with renderings of design with clear and concise explanations;
- A 300-500 word written “pitch” or statement on why your Entry is the winning design for this Competition; and
- Video submissions, which are optional
All Entries will be evaluated using Entry “Judging Criteria” (defined herein this Section 8). Up to ten (10) of the most well prepared and presented Entries will be selected as prize-winners as more fully described below in Section 9.
8. JUDGING: Entries will be evaluated by a panel of at least (5) five judges comprised of FATHOM employees and other professionals not employed by FATHOM with expertise in industrial components and design (collectively the “Judges Panel” or “Judges”). Judging will occur following the Competition End Date to June 30, 2015. FATHOM reserves the right to extend the judging period for any length of time and for any or no reason, at its sole discretion. Up to ten (10) Entries that meet the Judging Criteria will be selected as prize-winners.
ALL DECISIONS OF THE SPONSORS AND THE JUDGES PANEL WILL BE FINAL AND BINDING ON ALL MATTERS RELATING TO THIS COMPETITION.
9. AWARDS: Prize Sponsor will announce the prize winners via the Competition Website, as well as further requirements for redeeming the awards. The Prize Sponsor will award the following prizes to selected and eligible Entries in connection with the Competition:
The selected winner of Competition #1, as determined exclusively by the Judges, will receive:
- A Two Thousand Five Hundred United States Dollar (USD$2,500) credit for 3D printing services from FATHOM production centers (includes PolyJet, FDM, and SLS technologies, but expressly excluding rapid tooling and injection molding, silicone molding and urethane casting, CNC machining, and model assembly and finishing)
- Extensive press coverage through industry-leading publications, as communicated by FATHOM
- Trade show booth publicity and promotion at highly publicized events located all across the United States; and
- The possibility and opportunity to win a professional 3D printer if the winner of Competition #1 is selected as the final and ultimate prize-winner, at the end of the third phase of the Competition.
The winners of each of the three (3) challenge Competitions will be assessed and evaluated by the Judges for the grand and ultimate prize, which will be announced in September 2015.
The ultimate “Make the Unmakeable” champion will win a professional 3D printer from FATHOM. As of the Commencement Date of the Competition, the Prize Sponsor intends to award the ultimate winner/champion a “uPrint SE 3D Printer” with a starter kit of supplies and limited telephone support (each aspect of which shall be described and listed in greater detail at the time the awarded is made). The ultimate “Make the Unmakeable” champion will also receive a custom 3D printed trophy designed and 3D printed by FATHOM.
During each phase of the three anticipated phases of the Competition, the Prize Sponsor intends to award the following additional prizes:
Ten (10) “Runner-Up” Prizes, which shall expressly include:
- $100 USD cash
- 20% discount promo code for SmartQuote, FATHOM’s online tool for 3D printing quotes and orders
- Custom FATHOM thank you package (t-shirt and other branded items); and
- Press coverage through industry-leading publications
Ten (10) Honorable Mention Prizes, which shall expressly include:
- 20% discount promo code for SmartQuote, FATHOM’s online tool for 3D printing quotes and orders
Prize Sponsor shall notify all prize-winners on or about June 30, 2015. All potential winners will be notified by e-mail at the address provided in the Entry. Return of any notification as “undeliverable” will result in disqualification. Potential prize-winners are subject to evaluation, assessment and verification of eligibility and compliance with these Terms and Conditions. Prize-winners may, subject to applicable laws and regulations, be screened to ensure they are not included on any exclusion list maintained by the United States government.
AS A CONDITION FOR RECEIPT OF A PRIZE, PRIZE WINNERS WILL BE REQUIRED TO EXECUTE ADDITIONAL DOCUMENTATION, INCLUDING BUT NOT LIMITED TO, A DECLARATION OF ELIGIBILITY AND COMPETITION AWARD ACKNOWLEDGEMENT AND RELEASE.
All decisions of the Prize Sponsor and Judges will be final and binding on all matters relating to this Competition, including the awarding of any prizes. After verification of eligibility, Honorary Prize awards will be distributed via PayPal (http://grabcad.com/faq#money) to the official representative specified in the winning Entry. That official representative will have sole responsibility for further distribution of the Honorary Prize among participants in a group Entry or within a company or institution that has submitted an Entry through that representative. No substitution or transfer of Honorary Prizes is or shall be permitted. The Honorary Prize will be awarded per winning Entry, not per Entrant or number of persons involved in the Entry. All Honorary Prize awards are one-time payments, and there is no offer of licensure, royalty, or other financial compensation implied beyond the Honorary Prize awards. You are responsible for all taxes and reporting related to any Honorary Prize awards that you receive as part of the Competition.
The Judges will determine the Challenge Prize winner in accordance with the same terms, conditions and criteria described in this Section 9. The Judges will further determine the winner of the “ultimate” Competition prize (e.g. that Entry which, after three Competition phases, subject to these Terms and Conditions, is finally selected as the Competition winner, and the recipient of the “ultimate” prize award, as described in this Section 9.
This is a contest of skill. Whether or not your Entry is determined as a winner depends on how your Entry compares, in the Judges’ sole and exclusion discretion, to the other Entries submitted in the Competition when evaluated based on the Judging Criteria.
10. INTELLECTUAL PROPERTY RIGHTS, BUSINESS RELATIONSHIP AND RIGHTS TO USE:
The intent of the Competition is to encourage Entrants to convey and communicate their ideas and innovations to the Prize Sponsors. Participation in this Competition does not create an obligation on either your part or FATHOM’s part to negotiate or enter into any business relationship or to sign any commercial agreement. By submitting an Entry and participating in this Competition, you are not granting Sponsors any rights to any patents or pending patent applications related to the technology described in your Entry, and Sponsors make no claim to ownership of your Entry or any intellectual property that it may contain, except as set forth in the next paragraph. Prior to acceptance of any prize, you are free to discuss your Entry and the ideas or technologies that it contains with other parties, and you are free to contract with any third party provided you do not sign any agreement or undertake any obligations that conflict with any agreement that you have entered into or subsequently enter into with FATHOM regarding your Entry.
By submitting an Entry and participating in this Competition, you do grant Sponsors certain limited rights, as set forth in these Terms and Conditions. By submitting an Entry, you hereby grant Sponsors, their affiliates, subsidiaries, parents, and licensees, a unlimited, non-exclusive, worldwide, sub-licensable, perpetual, irrevocable, assignable, transferable, royalty-free right and license to use and publicly display your name, likeness, image, biographical information, prize information (if a prize winner), your company or institution name (if your Entry is from a company or institution) and any other personal data submitted with your Entry and the contents in your Entry (including any works or other materials, such as YouTube videos submitted along with your Entry), in connection with the Competition, in any media or format now known or hereafter invented, in any and all locations worldwide, without any payment to or further approval from you.
By submitting an Entry, you hereby grant Sponsors, their affiliates, subsidiaries, parents, licensees and other designees, a unlimited, non-exclusive, worldwide, sub-licensable, perpetual, irrevocable, assignable, transferable, royalty-free right and license to use, reproduce, promote, publicly and digitally perform, distribute, and publicly and digitally display (and allow third parties do so on Sponsor’s behalf) your submitted files and related materials, for marketing purposes, including but not limited to, displaying the design images of submitted Entries, preparing samples of the resulting design for public demonstration purposes, and publishing details about your design on the Sponsors’ website and social media pages and any other form of media selected by Sponsors, at the Sponsors’ sole discretion. For uses of personal data beyond the aforementioned limited rights that you have granted herein, please review and consultant Section 11 below (e.g. Privacy).
You agree that nothing in the Terms and Conditions grants you a right or license to use the Sponsors’ name or any Sponsors’ trademark or service mark. You grant to Sponsors the right to include your company name (if your Entry is from a company) as an Entrant on the Competition Website and in any materials related to Sponsors’ promotion of the Competition. Other than these express uses, you are not granting Sponsors any express or implied rights to use and display your trademarks or logos.
11. PRIVACY: Personal data you provide in connection with your Entry will be used for purposes described in these Terms and Conditions and used and protected as described by the Privacy policies posted on the GrabCAD Website at https://grabcad.com/privacy_policy, and http://studiofathom.com/about-us/privacy-policy/. Personal Data may be used and shared by the Sponsors for the purposes described in these Terms and Conditions.
12. CONFIDENTIALITY: Since Prize Sponsor does not wish to receive or hold any submitted materials “in confidence,” you acknowledge, consistent with Section 1 of these Terms and Conditions, that with respect to your Entry, no confidential relationship or obligation of secrecy is established between you (including your employer in applicable) and the Sponsors.
13. WARRANTIES; INDEMNITY: By submitting an Entry, you represent and warrant that all information in your Entry that you submit via the Competition 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 (both the information and materials submitted in the 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 any third parties);
(c) does not, to the best of your knowledge, misappropriate any trade secrets, or 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, time bombs, 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, royalty or other obligation to any third party.
Any breach of any warranty set forth in these Terms and Conditions will immediately result in the corresponding Entry being invalidated and disqualified.
You agree that you will be personally responsible for your participation in the Competition, and you agree to defend, indemnify and hold harmless the Sponsors and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your participation in the Competition; (ii) your violation of the Terms and Conditions, or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
14. LIMITATION OF LIABILITY:
IN NO EVENT WILL SPONSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE SPONSORS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE SPONSORS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THIS COMPETITION OR IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, IS LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (USD$100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
By entering, you agree to these Terms and Conditions and to all decisions of the Sponsors, and/or all of their respective agents, which are final and binding in all respects.
15. NO OBLIGATION: You acknowledge that multiple participants may submit Entries that contain designs, concepts or technologies similar to your Entry and that FATHOM and/or its respective subsidiaries and business partners may already be investigating or developing technical solutions or engaging in business activities that are related or similar to those that you disclose in your Entry. You acknowledge and agree that FATHOM’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 any liability to you or others on the part of FATHOM or any of its affiliates or business partner. Further, FATHOM 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.
16. SEVERABILITY: The invalidity or unenforceability of any provision of these Terms and Conditions 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 Terms and Conditions shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.
17. WAIVER: By entering the Competition, you waive all rights to seek injunctive or equitable relief, or to claim any consequential damages or attorneys’ fees against Sponsor, its affiliates and business partners.
18. APPLICABLELAW: You agree that these Terms and Conditions, any interpretation or enforcement thereof, and the relationship between you and the Sponsors, shall be governed by the laws of the United States and the State of California. You acknowledge and agree that all aspects and content of your 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.
For Entrants living outside the United States, you specifically acknowledge that you accept the practices and policies outlined in these Terms and Conditions and in the Privacy policies cited in these Terms and Conditions, and expressly consent to having your data (including any “personal information” defined under applicable law) transferred to and processed in the United States and in other countries.