MBME Official Rules and Release Form

Entry into this contest constitutes your acceptance of these Official Rules and Releases.

CONTEST ENTRY DATES: Contest start date & time and end date & time as outlined on website is 5/13/2013 at 12PM EST to 6/7/2013 at 5PM EST. All entries must be received not later than 6/7/2013 at 12AM EST.

WHO MAY ENTER: Contest is only open to users of MakerBot’s Replicator 2 with a valid email address and who are 15 and over at the time of entry. Users of MakerBot’s Replicator 1, Replicator 2X, Cupcake, or Thing-O-Matic are not eligible. Entrants subject to all notices posted online including but not limited to MakerBot’s My-Take Privacy Policy and Terms of Use. Employees and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or those living in the same household (whether or not related) of MakerBot, and their respective parents, affiliates, subsidiaries, prize suppliers, distributors and advertising and promotion agencies (collectively, “Contest Parties”) are not eligible to enter or win.

Entrants under 18 years old must obtain written consent of a parent or legal guardian in order to be eligible to receive any prizes. Please see “ACKNOWLEDGMENT AND RELEASE” in these official rules for details. Contest is subject to all federal, state and local laws and regulations and is void where is prohibited, taxed, or restricted by law. Residents of the province of Quebec in Canada, Cuba, Iran, Syria, North Korea, Sudan, Myanmar (Burma), or other individuals restricted by U.S. export controls and sanctions are ineligible to participate. The contest is void in these countries and where prohibited or restricted by U.S. or local law.

CONTEST OBJECTIVE: The objective of the contest is to invite Replicator 2 owners to share their stories of what they have created on their Bots.

CONTEST ENTRY: To enter, send your story and photos to mbme@makerbot.com . Only one entry per person will be accepted.  For purposes of these Official Rules, “receipt” of entry occurs when MakerBot’s servers record the entry information resulting from contestants’ entry being received in the inbox. Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by MakerBot for purposes of these Official Rules. MakerBot reserves the right to disqualify any entry for any reason, in its sole and absolute discretion.

JUDGING: Odds of winning depend upon number of entries received. All entries will be judged based on judges’ determination of creativity, originality, and storytelling. Judges will select twenty (20) stories, and readers will vote on their favorite stories. The top scoring entry will be declared the contest winner (“winner”) and the next four highest scoring entries will be declared runners-up (“runners-up”). In event of a tie, winner will be determined based on the judges’ discretion. In all cases, judges’ decisions are final and binding.

WINNER NOTIFICATION: Winner and runners-up will be determined after the contest’s end date and will be notified by email. If a potential winner or runner-up does not respond to the notification attempt within five (5) business days from the first notification attempt, then such potential winner or runner-up may be disqualified and an alternate potential winner or runner-up will be selected from among all eligible entries received based on the judging criteria described herein.

PRIZE: Winner will receive a $250.00 USD MakerBot credit. Runners-up will receive free filament. Winner and runners-up are solely responsible for all expenses, costs or fees associated with acceptance and/or use of the prize, including without limitation, all taxes (if any). Winner and runners-up are not recipients of a prize until s/he has been verified as the winner or runner-up by MakerBot or judges. Upon fulfilling prize, MakerBot will be deemed to have awarded the prize to the winner and runners-up and such winner and runners-up assumes full responsibility for the prize. When shipping overseas, winner or runners-up are responsible for any fees associated with taxes or customs. All prize details are at MakerBot’s sole discretion.

ACKNOWLEDGEMENT AND RELEASE: By entering in this contest:

- Contestants agree and accept these Official Rules.

- Entry must be the original work of the contestant, may not have been previously published, may not have won previous awards, must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person and must not violate any law.  Contestant assumes all responsibilities and consequences if submission is found to be otherwise.  MakerBot will not be held responsible if legal action results from public exhibition.

- Contestant hereby waives the right to receive any payment for accepting this release and waives the right to receive any payment for MakerBot’s use of any of the material described above for any of the purposes authorized by this release.

-Contestant waives any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith or to approve the eventual use that it might be applied.

-Winning constitutes permission (except where prohibited by law) to use winner and runners-up’s names, images, hometowns, likenesses, prizes won, stories, audio, video and photograph (all at MakerBot’s discretion) for future advertising, exhibition, publicity in any and all media including, without limitation, cable and broadcast television and the Internet, now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission.

-After winner or runner-up notification, written consent of acceptance of these official rules and releases for any winner or runner-up under the age of 18 must be given via electronic mail to mbme@makerbot.com or via regular mail to MakerBot’s address listed in these official rules (“Contest Sponsor”) within fifteen (15) business days, after which consent will be confirmed by MakerBot. The written consent must contain: (a) name, (b) regular mailing address, (c) telephone number, and (d) email address for the parent or guardian granting consent for the minor. Except where prohibited by law, parent or guardian of a potential winner or runner-up may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by MakerBot. If required, parent or guardian of potential winner or runners-up must return all such required documents via fax (or as otherwise instructed) within forty-eight (48) hours and via U.S. Mail within seven (7) days following attempted notification or such potential winner or runner-up will be deemed to have forfeited the prize and another potential winner or runner-up may be selected based on the judging criteria described herein.

SUBMISSION PROBLEMS: Contest Parties and their respective officers, directors, agents, representatives, and employees (collectively, “Released Parties”) are not responsible for lost, misdirected, damaged, altered, garbled, incorrect, incomplete or delayed entries; all of which will be void. Released Parties are also not responsible for problems related to technical malfunctions of electronic equipment, computer online systems, computer hardware or software failures, failure of any entry to be received by MakerBot on account of any technical problems, including miscommunication or connection failure, which may limit a contestant’s ability to participate in this contest. MakerBot reserves the right to modify or terminate the contest in the event it becomes technically impaired, and to cancel or suspend the contest in its entirety should unauthorized intervention corrupt the administration of the contest and, if terminated, at MakerBot’s discretion, determine the winner using all non-suspect, eligible entries received up to time of cancellation using the judging procedure outlined above. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of entry will be deemed to be the contestant and must comply with these Official Rules. Authorized subscriber is the natural person who is assigned the email address by the online service provider. MakerBot reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the operation of this contest.

INTELLECTUAL PROPERTY ASSIGNMENT OF RIGHTS: Each submitted story entry, including, without limitation, all contents, concepts and ideas embodied therein, becomes the exclusive property of MakerBot, and may be used by MakerBot for marketing and promotional purposes, and MakerBot will not return entries to entrants, and shall have the exclusive authority to remove or retain entries and to repost on any of MakerBot’s websites or social media sites. Entrant hereby acknowledges that entry, including the story in the combination of all audio, video, and photograph formats, and all other materials of every kind whatsoever created by contestant relating to the Contest (collectively, the “Work”) are a “work made for hire” (as that term is used in the United States Copyright Act) for MakerBot, but if it cannot be so deemed, then the entrant irrevocably and assigns to MakerBot (or, if any applicable law prohibits or restricts such assignment, contestant hereby grants to MakerBot an irrevocable, perpetual, royalty-free, transferable license of) limited right, title and interest in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised. By submitting an entry, contestant acknowledges and agrees that MakerBot may obtain many submissions under this contest and that such entries may be similar or identical in theme, idea, format or other respects to others submitted under this contest and/or other contests staged and/or sponsored by MakerBot, and waive any and all claims contestant may have had, may have, and/or may have in the future, that any composition, design, video and/or other works accepted, reviewed and/or used by MakerBot (or its respective designees) may be similar to his/her entry. Contestant acknowledges and agrees that MakerBot does not have now, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to contestant’s entry. MakerBot reserves the right to edit the winning entry, in its sole discretion and redistribute with no compensation to entrant.

LIMITATION OF LIABILITY: By entering and/or accepting prize, entrants, winner, and runners-up agree to hold and assign MakerBot and its promotional partners, directors, officers, and employees harmless for liability, damages, or claims for injury or loss to any person or property, relating to, in whole or in part, directly or indirectly, participation in this contest, the acceptance and/or subsequent use or misuse or condition of any of the prizes awarded, or claims based on publicity rights, defamation, or invasion of privacy.

Under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and contestant (or, if an eligible minor, his/her parent or legal guardian) further waives all rights to have damages multiplied or increased.

CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and MakerBot in connection with this contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA without regard to New York choice of law rules.

SEVERABILITY: If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.

WINNERS LIST: Winner and runners-up will be announced at www.makerbot.com/blog.

CONTEST SPONSOR: MakerBot Industries, LLC, 1 Metrotech Center, 21st Floor, Brooklyn, NY 11201