Freewheel Developer Contest Rules
1. Contest Description. The Autodesk Freewheel Developer Contest (“Contest”) is a skill-based contest allowing eligible entrants to compete for the opportunity to have their application selected as the “Most Innovative Application using the Autodesk Freewheel Web Service”. Entries must be a web-based or web-enabled application or extension to a current application which, (a) utilizes the Autodesk Freewheel web service; (b) solves a business issue associated with sharing, communicating, or collaborating on 2D or 3D designs; and (c) reflect an original and creative solution. Entrants will submit their entries for judging according to the criteria listed in Paragraph 5 below.
2. General Conditions. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING. The Contest is sponsored by Autodesk, Inc., a Delaware corporation (“Sponsor”). The Contest is governed by the laws of the State of California and applicable United States federal law, without regard to any conflicts of laws principles. The courts of the State of California (state and federal) shall have sole jurisdiction of any dispute regarding the Contest, and by entering the Contest you waive any objection to jurisdiction and venue in those courts and submit to the jurisdiction of those courts. This contest is open to individuals 18 and over who are legal residents of the United States and Canada, including Hawaii and Alaska, but excluding Florida, New York, Puerto Rico, Rhode Island, and the Province of Quebec. If you enter the Contest, you agree to abide by the terms of these Official Rules (the “Rules”) and by the decisions of Sponsor and the Judges (as defined below), which shall be made in all cases in the sole and absolute discretion of Sponsor or the Judges, and are final and binding on all matters relating to the Contest. The Contest is also governed by Sponsor's Privacy Policy at http://www.autodesk.com/privacy (“Privacy Policy”), although the Rules will govern any conflict between the Privacy Policy and the Rules.
3. Eligibility. The Contest is open only to (a) individuals or sole proprietors who are legal residents of the 50 United States or the District of Columbia; or (b) privately held businesses that are legally domiciled in the 50 United States or the District of Columbia. Entrants must be legal residents of one of the 50 United States of America or Washington, D.C. Employees of Autodesk, Inc. , its advertising and promotional agencies, members of their households, and their immediate family members are not eligible for this Contest. Family members of Judges and those living in the same household are not eligible to enter. Sponsor reserves the right to verify eligibility qualifications of winner. Sponsor will only accept entries that have been completed and submitted as described below.
4. Entry. The Contest will start on November 19, 2007 at 12:01 a.m. Pacific Standard Time (the “Start Date”), and will end on February 15, 2008 at 11:59 p.m. (the “End Date”). Multiple entries per Entrant are permitted. In order to enter the Contest, Entrants shall create an application that can be made publicly available. Entries must include the name, phone number and e-mail address of the Entrant, and must contain instructions for accessing the application. Entries must be submitted electronically via email to freewheel@autodesk.com. Entries must be received by the End Date. Sponsor will have no responsibility for, and will have the right to refuse in its sole and absolute discretion, any entries that have been tampered with, or entries that are misdirected, incomplete, non-conforming, corrupt, lost, late, or ineligible, whether due to Internet or e-mail server failure or otherwise. Entrant must be the sole author and owner of all copyrights and other intellectual property rights in its application, or Entrant must have all necessary legal rights (via license, written permission or otherwise) from any third parties whose copyrights or other intellectual property rights are used in connection with or incorporated into its application to allow Entrant and Sponsor to use, make, distribute, copy, display and otherwise exploit the application. Use of software, data sources, images, text, works or other materials which infringe on the rights of any third party are prohibited. Entrant agrees to indemnify, defend and hold harmless Sponsor (jointly and severally, if applicable) against all claims, actions, suits, liabilities, damages, judgments, costs and expenses arising out of or in connection with any allegation that the Entrant’s application or any portion thereof infringes in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party. In addition, entries must comply with the following:
- The application must be innovative. This can mean groundbreaking development, or interesting/unusual content.
- The application and any associated data sources must be accessible for at least 120 days after the winners are announced.
- Applications may not contain pornography or other offensive materials as solely determined by Autodesk.
- Applications must run and function correctly on Windows® - based machines
- Applications must not include malicious code, such as spyware, easter eggs, etc., or anything that intentionally interferes with operation of user’s systems or networks.
5. Judging. A qualified panel of judges, consisting of Sponsor’s representatives (the “Judges”), will select winners from among all eligible entries received by the End Date. Entries will be judged on innovation, originality and creativity (30%); likelihood of long-term success and scalability (30%); effectiveness in addressing a need in the marketplace (30%); and visual design, appeal, and usability (10%). In the event of a tie, the Judges will determine the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie. At the Judges' discretion, entries including unsuitable content or that are in violation of third party rights (including, but not limited to, copyright or trademark rights) will be immediately disqualified. The Judges have the right to disqualify any entry that is not in compliance with these Rules, in the Judges’ sole and absolute discretion.
6. Prizes. One Grand Prize winner will receive a “Dream 3D System”, which includes, one (1) Dell XPS 710 H2C running with Dual 768MB Nvidia GeForce 8800 GTX Video Cards, 2 gigs ram, 1.5 TB (2x75)of Storage; two (2) Dell UltraSharp 2707WFP 27" Widescreen Monitors; (Cash Value: $7,000). If a stated prize is unavailable, Sponsor has the right to substitute one or more items of equal or greater value, in its sole and absolute discretion. No prize is exchangeable, transferable, or redeemable for cash.
7. Announcement; Award of Prizes. The Grand Prize winner (“Winners”) will be announced on March 3, 2008 online at http://freewheel.autodesk.com. Sponsor will notify the Winner by phone using the phone number submitted with Winner’s entry. The Winner must affirmatively respond to the notification as directed and by the deadline specified in the phone call. Additionally, as a condition to receiving a prize, Winner shall be required to execute an assignment transferring and assigning all of his or her rights, title and interest, including but not limited to any copyrights or trademarks, in the design(s) submitted as an entry to Sponsor. Sponsor is under no obligation to use the winning application in any media. Winners may be required to sign a Declaration of Eligibility and Release/Indemnity form, to the extent not prohibited by law. If they are required, each Winner must complete those forms and return them to Sponsor prior to receipt of a prize. Prize will be delivered to Winner by mail within 6 weeks of submission of the required forms. Winner must take possession of the prize as directed by Sponsor. Failure to comply with any of the foregoing may result in disqualification and the selection of alternate Winner. Winner will be solely responsible for complying with any and all applicable federal, state, local, or other statutes, regulations, and other laws and for bearing any personal income or other taxes, fees, insurance, surcharges or other costs relating to any prize. Winner may be required to provide Sponsor with the Winner’s social security or tax payer identification number for tax purposes.
8. Representations. By entering the Contest, each Entrant represents and warrants that: (a) the Entrant meets all eligibility requirements of the Contest; (b) in entering and participating in the Contest, the Entrant has complied and will comply in all respects with these Rules and all applicable statutes, regulations, and other laws; and (c) the entry consists entirely of the Entrant’s own original work.
9. Release. To the maximum extent permitted by law, by entering the Contest, each Entrant releases and holds harmless Sponsor, the prize manufacturers, and any of their related companies and representatives from any and all responsibility or liability (including, without limitation, for any injuries, losses, or damages of any kind, such as compensatory, direct, incidental, consequential, punitive, or other damages) arising out of or relating to: (a) the Contest; (b) claims based on copyright or trademark infringement, or infringement of other intellectual property rights; (c) the acceptance, possession, receipt, or use of any prize; (d) any entries that have been tampered with or that are misdirected, incomplete, non-conforming, corrupt, lost, late, or ineligible; (e) computer, telephone, cable, satellite, network, hardware, or software malfunctions or failures; garbled or jumbled transmissions; or Internet or website accessibility or delays; (f) printing or typographical errors in any Contest-related materials; or (g) any other technical or human errors occurring in connection with the Contest (the “Causes”). Entrants understand and agree that if anyone makes any claim against Sponsor arising out of or relating to any of the Causes, Entrants will pay for any damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys’ and experts’ fees and costs, incurred in connection with such claim. THE PRIZE WILL BE GIVEN AWAY BY SPONSOR “AS IS.” SPONSOR DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING ANY PRIZE OR PORTION THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
10. Termination. Sponsor reserves the right to suspend, modify, or terminate the Contest at any time prior to the End Date for any reason, in its sole and absolute discretion, including without limitation in the event of fraud, abuse, or technical or other difficulties. In such cases, Sponsor will send an e-mail notification to the e-mail address associated with each entry. If Sponsor ends the Contest prior to the End Date and Winner has not yet been identified, Sponsor will award the prize to eligible Entrant(s) according to the judging and tie-breaking criteria set forth in Paragraph 5.
11. Advertising. To the maximum extent permitted by law, by entering the Contest, each Entrant consents to the use by Sponsor, or any third party chosen by Sponsor, of any and all information related to the Contest, including any personal information obtained through the Contest, for advertising, marketing or other purposes. All such information becomes the property of Sponsor and will not be returned. To the maximum extent permitted by law, by accepting a prize, Winner consents to the print and online publication of Winner’s name and address as part of a Winners’ List and to the use of Winner’s name, voice, photograph, biographical material, and likeness by Sponsor or any third party chosen by Sponsor, for advertising, marketing, and other purposes without additional compensation. Other than as set forth herein, Sponsor will treat any personal information supplied by Entrants in connection with the Contest in accordance with Sponsor’s Privacy Policy.
12. No Endorsement. Nothing contained herein or in any of the Contest related materials should be construed as an endorsement by Sponsor of the prize manufacturers, or any third party, product, or service.
13. Winner’s List; Mailing List. The Winner’s name may be obtained by accessing http://freewheel.autodesk.com on or after March 3, 2008 for a period of 120 days, or by sending a written request and a self-addressed, stamped envelope to [One Market Street, Suite 500, Desk 15326, San Francisco, CA 94105]. Sponsor’s phone number is 415-507-5000. Requests for removal from Sponsor’s mailing list may be made by sending a written request and a self-addressed, stamped envelope to “Mailing List” at the above address, or by calling Sponsor’s telephone number.