AUTODESK Exchange Apps Portathon OFFICIAL RULES
PLEASE REVIEW THESE OFFICIAL RULES BEFORE ENTERING THE Portathon.
NO PAYMENT OR PURCHASE IS NECESSARY TO ENTER OR WIN.
A PAYMENT OR PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
1. General Conditions. The Autodesk Exchange Apps Portathon (the "Portathon") is a 48 hour virtual web based coding “festival” organized by Autodesk, Inc., a Delaware corporation ("Sponsor"). By entering the Portathon, each entrant agrees to abide by the terms of these Official Rules (the "Rules") and by the decisions of Sponsor, which shall be made in all cases in its sole and absolute discretion and are final and binding on all matters relating to the Portathon. The Portathon 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 Portathon is void where prohibited by law. The Portathon is also governed by Sponsor's Terms of Use, Privacy Policy, Publisher Agreement, and other policies (collectively, the "Policies") pertaining to the Autodesk Exchange Apps website at http://apps.exchange.autodesk.com/en (the "Sponsor Site"), although the Rules will govern any conflict between the Privacy Policy and the Rules.
2. Eligibility of Entrants. The Portathon
is open to any person or business who has internet access, who is not a citizen
of, or located within, a nation that is subject to U.S. trade sanctions or
other significant trade restrictions (including, without limitation, Cuba,
Iran, Sudan, Syria and North Korea), and who is not identified on any U.S.
government restricted party lists (including, without limitation, the U.S.
Treasury Department’s List of Specially Designated Nationals and Other Blocked
Persons, the U.S. Department of Commerce’s Denied Party List, Entity List and
Unverified List and the U.S. Department of State’s proliferation-related lists).
The Sponsor, employees of Sponsor, or their respective parents, subsidiaries,
affiliates, partners, suppliers, or advertising or promotional agencies are not
eligible to enter the Portathon, nor are members of their household or their
immediate family.
3. Entry. The Portathon will run for 48 hours, beginning at 12:00 a.m. U.S. Pacific Time (PT) on September 13, 2013. Entries for the Portathon must be received by Sponsor by 11:59 p.m. PT on September 14, 2013 (the "Deadline"). More than one entry per person is permitted, but the reward total is capped to five(5) eligible entries. To enter the Portathon, entrants must submit their apps electronically to the Sponsor Site.
- Entry containing the new apps must be submitted electronically Refer to http://usa.autodesk.com/adsk/servlet/item?siteID=123112&id=20149658 for submission process ;
- Entry must be entirely the original work of the entrant;
- Entry must not contain any advertisement or solicitation;
- Entry must not contain anything that is or may be: (i) threatening, harassing, degrading or hateful; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent or otherwise objectionable; or (v) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right;
- Entry must not contain any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense; and
- Entry must otherwise comply in all respects with these Rules and the Policies.
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. Proof of transmission of an entry shall not constitute proof of receipt. It is each entrant’s responsibility to keep Sponsor informed of any changes to entrant’s contact or other information during the Portathon.
4. Acceptance for Publication; Eligibility of Apps. Entries will be accepted for publication by Sponsor in its sole and absolute discretion. The Sponsor will accept from all eligible entries received by the Deadline. To constitute eligible entries, the submitted apps must meet the following criteria:
- App should add value to Sponsor Products (Sponsor will be the final authority to judge whether an app is adding value or not to Sponsor Products);
- App should work immediately after installation;
- App should not require any manual steps to run after installation;
- App should support latest version of Sponsor Products;
- App should support at least one Sponsor Product present in the Autodesk Exchange Apps store; and
- App should be accepted for publication by Sponsor (after testing) in the Autodesk Exchange Apps store by 11:59 p.m. PT on October 31, 2013.
Sponsor reserves the rights not to publish any app if it finds any bugs, usage limitations or malfunctioning in any of the apps submitted. The Sponsor has the right to disqualify any entry that is not in compliance with these Rules in the Sponsor’s sole and absolute discretion.
5. Reward. For all new apps submitted to the Autodesk Exchange Apps store by the Deadline and accepted for publication in the store by 11:59 p.m. PT on October 31, 2013, the entrants for such accepted apps will receive US$100 per app (for up to 5 apps – US $500 total)[1]. Autodesk will designate a third party Payment Processor (as defined in the Publisher Agreement) to make the payment to the entrants who win the reward. In order to receive the payment, each entrant agrees to abide by the instructions, terms and conditions of such Payment Processor.
6. Reward Terms. All values are stated in United States dollars. The winners will be solely responsible for complying with any and all applicable federal, state, provincial, local, or other statutes, regulations, and other laws and for bearing any personal income, VAT, withholding taxes, customs duties, or other taxes, fees, insurance, surcharges or other costs relating to any reward.
7. Announcement. The winners will be selected by November 30, 2013. The winners will be notified by e-mail within fourteen (14) days of selection. The winners may be required to sign a declaration of eligibility and/or publicity and/or liability release form, to the extent not prohibited by law, prior to receipt of the reward. The winners must take possession of the reward as directed by Sponsor. The winners may be required to provide Sponsor with his or her identification information for tax purposes. The winners also may be required to provide Sponsor with proof that he or she is the Authorized Account Holder of the e-mail address associated with the winning entry. An "Authorized Account Holder" is the natural person who is assigned to an e-mail address by an Internet access provider or other organization responsible for assigning e-mail addresses to the domain associated with an e-mail address. In the event of a dispute, an entry will be deemed to have been submitted by the Authorized Account Holder of the e-mail address submitted at the time of entry. Failure to respond to the winner announcement or return any required declarations or releases within seven (7) days (or any longer time specified by Sponsor) or to comply with any of the foregoing may result in disqualification.
8. Representations. By entering the Portathon, each entrant represents and warrants that: (a) the entrant meets all eligibility requirements of the Portathon; (b) in entering and participating in the Portathon, the entrant has complied and will comply in all respects with these Rules and all applicable statutes, regulations, and other laws; and (c) the information provided in the entrant’s entry, including without limitation all contact information, is true, accurate, and complete in all respects.
9. Release. To the maximum extent permitted by law, by entering the Portathon, each entrant releases and holds harmless Sponsor and other entities involved in the administration of the Portathon, each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and representatives (the "Sponsor Parties") from any and all responsibility, liability, damages (including, without limitation, direct, indirect, incidental, consequential, punitive, statutory, and other damages), losses, costs, or expenses of any kind arising out of or relating to: (a) the Portathon; (b) any violation by the entrant of these Rules, the Policies, or applicable laws; (c) any copyright, trademark, patent, trade secret, or other intellectual property misappropriation or infringement attributable to entrant or any entry submitted by entrant; (c) the acceptance, possession, receipt, or use of any reward or any item purchased with any reward; (d) any entries that have been tampered with or that are misdirected, incomplete, non-conforming, corrupt, lost, late, or ineligible; (e) any problems or technical malfunctions (including but not limited to errors, omissions, interruptions, deletions, defects, or delays in operation or transmission) of any computer, telephone, modem, cable, satellite, network, hardware, online system, server, software, or other equipment or provider, including any incorrect, incomplete, garbled or jumbled information resulting therefrom; (f) any Internet traffic congestion or website accessibility or delays; (g) printing or typographical errors in any Portathon-related materials; or (h) any other technical or human error that may occur in connection with the Portathon (the "Causes"). If anyone makes any claim against any of the Sponsor Parties arising out of or relating to any of the Causes attributable to the entrant, the entrant 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SPONSOR PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE Portathon, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT, CONTRACT, OR OTHER LEGAL THEORY, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED.
10. Misconduct: Sponsor reserves the right, in its sole and absolute discretion, to disqualify any entrant who: (a) tampers with the registration process, the operation of the Portathon, the Sponsor Site, or affiliated websites; (b) acts in an unsporting or disruptive manner, or with intent to annoy or harass another person; (c) is otherwise in violation of these Rules, the Policies, or any applicable laws; or (d) attempts to subvert the letter and/or spirit of these Rules. SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Termination. Sponsor reserves the right to suspend, modify, or terminate the Portathon at any time for any reason, in its sole and absolute discretion, including without limitation in the event of fraud, abuse, tampering, technical, administrative, financial, or other difficulties. In such cases, Sponsor will post notice on the Portathon page of the Sponsor Site. Should the Portathon terminate prior to selection of the winners, Sponsor will announce an alternate means of giving the reward on the Sponsor site.
12. Advertising. To the maximum extent permitted by law, by entering the Portathon, each entrant consents to the use by Sponsor, or any third party chosen by Sponsor, of any and all information, drawings, text, or other material contained in an entry or otherwise provided by such entrant related to the Portathon, including any personal information obtained through the Portathon, for advertising, marketing or any other purposes not prohibited by law. To the maximum extent permitted by law, by accepting the reward, the winner consents to the print and online publication of his or her name, address, and winning entry as part of a winners’ list and to the use of his or her winning entry, 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 Portathon in accordance with Sponsor’s Privacy Policy.
13. Miscellaneous. Any dispute between Sponsor and an entrant arising out of or relating to these Rules, the Portathon, or the reward must be brought exclusively in the state or federal courts located in Marin County, California and must be brought individually, without resort to any form of class action. By entering the Portathon, each entrant submits to the jurisdiction of those courts and waives any objection to those courts, whether on the basis of jurisdiction, venue, inconvenience of the forum, or otherwise. If any part of these Rules is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such part will be modified by such court to the minimum extent necessary to make it enforceable while preserving to the maximum extent possible the original intent of Sponsor, and the remaining parts of these Rules will remain in full force and effect. Nothing contained herein or in any of the Portathon related materials should be construed as an endorsement by Sponsor of any third party, product, or service.
14. Winners’ List; Mailing List. The winners’ names may be obtained after the winners are chosen by sending a written request and a self-addressed, stamped envelope to:
Winners’ List – Autodesk Exchange Apps Portathon
C/O Virupaksha Aithal KM
Autodesk India Private Limited.
Divyasree Chambers Unit A4, A Wing, 2nd Floor, Langford Road
Bengaluru 560025, India
All such requests must be received by December 31, 2013. Sponsor’s telephone number is 91 80 411 99 976.
Entrants who opt to join Sponsor’s electronic mailing list agree to be contacted by email by Sponsor. Requests for removal from Sponsor’s mailing list may be made as instructed in any such email or by sending a written request and a self-addressed, stamped envelope to "Mailing List" at the above address, by calling Sponsor’s telephone number, or as otherwise indicated on the Sponsor Site.
© 2013 Autodesk, Inc. All rights reserved. AUTODESK is a registered trademark of Autodesk, Inc. Other brands may be trademarks of their respective owners.
[1] The actual amount of money received by an entrant for apps published may be less than U.S. $100 per app due to the transactional fees or costs or taxes such an entrant agrees to pay in order to receive the money reward.
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