FLIR “BRING THE HEAT” Global Hacker Challenge Official Rules – (the “Official Rules”) 

NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  

VOID IN ARGENTINA, BRAZIL, CUBA, FRANCE, IRAN, IRAQ, ITALY, LIBYA, LIBERIA, MALAYSIA, MEXICO, MYANMAN (BURMA), NORTH KOREA, PHILLIPPINES, POLAND, QUEBEC, SAUDI ARABIA, SPAIN, SRI LANKA, SUDAN, SYRIA, VIETNAM, ZIMBABWE AND WHERE RESTRICTED OR PROHIBITED BY LAW.

PARTICIPATION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. PLEASE READ CAREFULLY.

Challenge Name: FLIR “BRING THE HEAT” Global Hacker Challenge (the “Challenge”)

PLEASE VISIT THE FOLLOWING WEBSITE FOR MORE INFORMATION: Challenge Website: http://FLIR.Devpost.com (the “Challenge Website”)

1. POSTER & ADMINISTRATOR

Poster (the “Poster”): FLIR Commercial Systems, Inc., 70 Castilian Way, Goleta, CA 93117.

The Poster is the sponsor and entity responsible for the Challenge.

Administrator (the “Administrator”): Devpost, Inc., 433 W. 14th Street, #3F, New York, NY 10014.

The Poster and the Administrator may be collectively referred to as “we”.

2. DATES AND TIMING

Challenge Submission Period: October 1st, 2015 (10:00am Pacific Time) through January 12, 2016 (5:00pm Pacific Time) (the “Challenge Submission Period”)

Judging Period: January 14, 2016 (10:00am Pacific Time) through January 20, 2016 (5:00pm Pacific Time) (the “Judging Period”)

Public Voting Period: January 14, 2016 (10:00am Pacific  Time) through January 20, 2016 (5:00pm Pacific  Time) (the “Public Voting Period”)

Winners Announced: On or around January 27, 2016 (2:00pm Pacific  Time) 

The Administrator will be the official timekeeper for the Challenge.

In order to participate in the Challenge, each person, team, or organization (referenced herein as “Participant” (as further described below)) must agree to these Official Rules. Therefore, please read these Official Rules. You will need to agree to these Official Rules when you register to participate in the Challenge.

Participation and, in particular, entry of a Submission (defined below) for the Challenge constitutes and will constitute agreement to and acceptance of these Official Rules. You may not participate in the Challenge, including entering a Submission to the Challenge or being able to receive a prize described in these Official Rules, unless you accept and agree to comply with these Official Rules. 

3. ELIGIBILITY

To be eligible to participate in the Challenge, you must be above the legal age of majority in your state or country of residence, with a minimum age of 18 years of age, as of the date of Submission, and a permanent legal resident of any country except one of the following counties: Argentina, Brazil, Cuba, France, Iran, Iraq, Italy, Libya, Liberia, Malaysia, Mexico, Myanmar (Burma), North Korea, Philippines, Poland, Quebec, Saudi Arabia, Spain, Sri Lanka, Sudan, Syria, Vietnam, Zimbabwe, and elsewhere when restricted or prohibited by law. To participate, you must register for the Challenge by following the registration and sign-up process designated by Poster. The Challenge is subject to all applicable federal, state, provincial and local laws and regulations and is void where prohibited, taxed, or restricted by law. The term “you” refers to you, the Participant, both as an individual and/or as part of a team.

Please note: If you are an employee of a corporation, government agency, or an academic institution, you are responsible for ensuring that your participation in the Challenge complies with any policies your corporation, agency, or institution may have regarding participation in contests of this type. If we have reason to believe at any time that you violate any of those policies, we reserve the right to reject your Submission to the Challenge, prohibit you from participating in the Challenge or revoke any prize that you may have received in the Challenge. We are not responsible for any disputes arising between you and your employer.

We reserve the right to assess your eligibility and compliance with these Rules at any point during the Challenge. If we require any assistance in order to assess your compliance, you must promptly provide that assistance. If you do not provide the requested assistance, or if we have reason to believe that you are not complying with the Rules, you may be disqualified, in our sole discretion. Poster’s and Administrator’s decisions are final and binding in all matters related to the Challenge.

A. The Challenge IS open to: 

  • individuals who are at least 18 years of age or the age of majority in the jurisdiction where they are permanent legal residents, whichever is older, as of the time of Submission;  
  • teams of eligible individuals;
  • 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 Submission, and employ no more than 50 people (“Organizations”);
  • teams of eligible individuals entering on behalf of Organizations that employ more than 50 people (“Large Organizations”), though Large Organizations are only eligible for the Large Organization Recognition Award described in Section 7; and
  • individuals and teams that agree to the following terms and conditions.

Please also note that participants in past or concurrent Poster sponsored hackathons and events ARE eligible to participate in this latest Challenge.

(the above are collectively, “Participants”)

An individual may join more than one team, Organization, or Large Organization and an individual who is part of a team, Organization, or Large Organization may also enter the Challenge on an individual basis. Please note that these rules, terms, and conditions shall apply to such individual and each team with which the individual participates. Moreover, any reference to “Participant” shall apply to each member of the designated team.

If a team or organization is entering the Challenge, they must appoint and authorize one individual (the “Representative”) to represent and act on behalf of such team or organization and to enter a Submission on behalf of the team or organization. The Representative must meet all eligibility requirements above and must be designated by name in the Submission. By entering a Submission on the Site on behalf of a team or organization, you represent and warrant that you are the designated Representative authorized to act on behalf of your identified team or organization. Any prize awarded to a team will be awarded directly to the Representative to be further disbursed amongst team members. 

B. The Challenge IS NOT open to: 

  • individuals who are residents of, or Organizations or Large Organizations domiciled in, a country, state, province or territory where the laws of the United States or local law prohibits or restricts participating or receiving a prize in the Challenge (including, but not limited to, Argentina, Cuba, France, Iran, Iraq, Italy, Libya, Liberia, Malaysia, Mexico, Myanmar (Burma), North Korea, Philippines, Poland, Quebec, Saudi Arabia, Spain, Sri Lanka, Syria, Vietnam, Zimbabwe and any (other) country designated by the United States Treasury's Office of Foreign Assets Control;
  • organizations involved with the design, production, paid promotion, execution, or distribution of the Challenge, including the Poster and Administrator (“Promotion Entities”);
  • employees, representatives and agents** of such organizations, and all members of their immediate family or household*;
  • any other individual involved with the design, production, promotion, execution, or distribution of the Challenge, and each member of their immediate family or household*;
  • any Judge (defined below), or company or individual that employs a Judge
  • any parent company, subsidiary, or other affiliate*** of any organization described above; or
  • any other individual or organization whose participation in the Challenge would or could create a real or apparent conflict of interest, or whose participation whose participation in the Challenge is or could be prohibited by an organizational ethical or conflict of interest policy.

Poster and/or Administrator reserve the right to disqualify any individual or organization at any time in their absolute discretion if they believe that the individual or organization does not meet the eligibility requirements.  

*The members of an individual’s immediate family include the individual’s spouse, children and stepchildren, parents and stepparents, and siblings and stepsiblings. The members of an individual’s household include any other person that shares the same residence as the individual for at least three (3) months out of the year.

**Agents include individuals or organizations that in creating a Submission to the Challenge, are acting on behalf of, and at the direction of, a Promotion Entity through a contractual or similar relationship.

***An affiliate is: (a) an organization that is under common control, sharing a common majority or controlling owner, or common management; or (b) an organization that has a substantial ownership in, or is substantially owned by the other organization.

4. SUBMISSION REQUIREMENTS

Participants must do the following to participate in the Challenge: 

  • During the Challenge Submission Period, register for the Challenge on the designated Challenge Website and by clicking the “Register for this Hackathon” button. To complete registration, sign up to create a Devpost account, or log in with an existing Devpost account and complete and enter all required information. There is no charge for creating a Devpost account. A Devpost account will enable you to participate in the Challenge, receive important information or updates, and facilitate access the “Enter a Submission” page.
  • Participate in the Challenge by creating a working, native smartphone application that integrates with the FLIR ONE via a FLIR ONE SDK available at http://www.flir.com/flirone/developer, and includes features having to do with thermal imaging. Participants can access a FLIR ONE for development and testing of their applications in one of three ways:
    1. Use a FLIR ONE device that you already own;
    2. Participate in one of the Poster’s in-person hacker events and use one of the loaner devices provided at the event; or
    3. Use the FLIR ONE simulator that’s included in the FLIR ONE SDKs. Instructions for using the simulator are included with the SDK package.
  • Complete and enter all of the required fields on the “Enter a Submission” page of the Challenge Website (each a “Submission”) during the Challenge Submission Period, and follow the instructions to submit your Submission.
  • Create a video that includes footage that clearly explains and demonstrates your application’s features and functionality through a comprehensive demonstration.

Release a functional version of the application (if available) to the Poster for review using one of the methods described below. This can be either a pre-production/beta release or a production release. 

When submitting your Submission, you must confirm your agreement to the Rules. To be eligible, the Poster must receive your Submission prior to the end of the Submission Period. Submissions that arrive after the end of the Challenge Submission Period will not be considered. Incomplete, illegible, corrupted, or untimely Submissions are void and will be disqualified. Poster and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible Submissions; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Proof of sending or submission will not be deemed to be proof of receipt by Poster. Poster will retain physical possession of all materials submitted with Submissions and will not acknowledge or return any Submission materials. If a dispute arises regarding the identity of the Participant, the proper Participant will be the authorized account holder of the e-mail address associated with the account used to enter the Challenge. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to show proof of being the authorized account holder.

A. Language Requirements 

All Submission materials must be in English or, if the Submission materials are not in English, the Participant must provide an English translation of the demonstration video, text description, and testing instructions as well as all other materials submitted. 

B. Application Requirements

(i) What to Create: Participants must create a working, native smartphone application that integrates with the FLIR ONE via one of the FLIR ONE SDKs available at http://www.flir.com/flirone/developer.cfm, and includes features having to do with thermal imaging (each an “Application”).

(ii) Categories: Applications may include features and functionality related to one or more categories described below (the “Categories”). At the time of submission Participants will be able to select an applicable category that best describes the features and functionality of the Application. At any time, and at its sole discretion, the Poster will have the ability to re-assign a submitted Submission from one Category to another. Submissions in each Category are eligible for different prizes, though Submissions in each Category will be eligible to win the Grand Prize and Popular Choice prizes identified in Section 7. Submissions are only eligible to win one prize. The Categories are:

  • Do-It-Yourself Applications.   Applications designed for use by amateurs to build, maintain or repair things (buildings, vehicles, etc.) through the use of thermal imaging without professional training.
  • Outdoor Activities Applications. Applications designed for use by individuals or groups involved in an outdoors-oriented activity (camping, hiking, hunting, fishing, animal watching, etc.) using thermal imaging to enable or enhance the users’ experience.
  • Games. Applications designed for use by individuals or groups for the purpose of entertainment and/or competition using thermal imaging as a component of the user experience.
  • Wildcard applications. Applications that do not fall into one of the above categories that feature thermal imaging as a central component of the application.

(iii) 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 and/or expressed in the text description.

(iv) Platforms: A submitted Application must be a native application that runs on an iOS or Android smartphone or tablet.

(iv) New & Existing: Applications must be either newly created by the Participant (meaning not available on the App Store or Play store prior to the beginning of the contest) or, if the Application existed prior to the Challenge Submission Period, must have integrated with the FLIR ONE after the start of the Challenge Submission Period. Applications that have been submitted at one of the Poster’s in-person hacker events may also be submitted in the Challenge, provided the Participant and Submission meet the eligibility requirements described in the Official Rules for this Challenge. Further, Participant must clearly identify which aspects of the Application are original to Participant and which aspects constitute the intellectual property of a third party, including, without limitation, open source programming code. Applications must include a summary of the rights and related agreements by which Participant is entitled to use the intellectual property or materials of a third party.

(v) Testing: The Participant must make the Application available free of charge and without any restriction, for testing, evaluation and use by the Poster, Administrator and judges during the Challenge and until the Judging Period ends. Participants may make their Application available using one of the following methods: 

a. Android Applications:

  • If your Application is available on the Google Play Store provide a link in the “Website URL” field on “Enter a Submission” form. If you charge a fee for downloading your Application, you must provide a free promo code.
  • If your Application is not yet publicly available on the Google Play Store, you must send a test build to the Administrator before the end of the Challenge Submission Period by uploading an .apk file on the Enter a Submission form or provide a link for downloading the Application in the “Testing Instructions” field on the Enter a Submission form.

b. iOS Applications:

  • If your Application is available on the iTunes App Store provide a link in the “Website URL” field on “Enter a Submission” form. If you charge a fee for downloading your Application, you must provide a free promo code.

If your Application is not yet publicly available on the iTunes App Store, you must send a test build to the Administrator before the end of the Challenge Submission Period by uploading an .ipa file on the Enter a Submission form or provide a link for downloading the Application in the “Testing Instructions” field on the Enter a Submission form. The provided version of the application should be provisioned to work with the following device UDIDs:

  1. c5a9e04dda7b9443a974a99b6b85dd3a7cb6e700
  2. ff9390e2c1cf4072913d76e4bd002e7f395ca774
  3. 94a35fc504b81ef713253dedff7cbfe50f4a683f
  4. e75a3355503ff448c26c86fd8c120769d847275b

If the app is for use on an iPad it should be provisioned for device: UDID 6c82fbaeeb2ca222a85ca8612b2caff67db029b2.

(vi) Public Distribution: The Participant may make the Application available to the public via a website or online store, but is not required to do so.

(vii) Multiple Submissions: A Participant may submit more than one Submission to the Challenge, however, each Submission must be unique, as determined by the Poster and/or the Administrator and provided by Participant either as a registered individual or team.

(viii) SDKs, APIs, & Data: Applications may integrate SDKs, APIs and data, provided the Participant is authorized to use them. 

(ix) Intellectual Property: Your Submission must: (a) be your (or your team or Organization’s) original work product or make use of third party intellectual property or materials in a manner that permits both your use and submission, use in connection with the Challenge, and use by the Poster and Administrator in accordance with these rules, terms, and conditions; (b) be solely owned by you, your team, or your Organization with no other person or entity having any right or interest in it or provided in a manner, for which you can provide verifiable written evidence of a license or permission, that permits both your use and submission, use in connection with the Challenge, and use by the Poster and Administrator in accordance with these rules, terms, and conditions; and (c) not violate, misappropriate, or infringe the intellectual property rights or other rights including but not limited to copyright, trademark, patent, trade secret, contract, and/or privacy rights, of any other person or entity not otherwise participating in this Challenge. A Participant may submit a Submission that includes the use of open source software or hardware, provided the Participant complies with applicable open source licenses and, as part of the Submission, creates software that enhances and builds upon the features and functionality included in the underlying open source product. By entering the Challenge you represent, warrant, and agree that your Submission meets these requirements.

(x) Financial or Preferential Support: Without limitation of the foregoing, an Application must not have been developed, or derived from an Application developed, with financial or preferential support from the Poster or Administrator. Such Applications include, but are not limited to, those that received funding or investment for their development, were developed under contract or in an incubation program, or received or were associated with a commercial license, from or with the Poster or Administrator any time prior to the end of Challenge Submission Period. The Poster, at their sole discretion, may also disqualify an Application, if awarding a prize to the Application would create a real or apparent conflict of interest. 

C. Text Description, Image, and Video Requirements 

(i) Text Description: The text description should explain the features and functionality of your Application.

(ii) Images: The image(s) should be photographs or screenshots of your working Application. 

(iii) Video: The video portion of the Submission: 

a. should be less than five (5) minutes;

b. must include footage that clearly explains the Application’s features and functionality through a comprehensive demonstration;

c. must be uploaded to YouTube, Vimeo, or Youku, and a link to the video must be provided on the submission form on the Challenge Website; and

d. must not include third party trademarks, or copyrighted music or other material unless the Participant has permission to use such material.

 

5. RIGHTS TO EACH SUBMISSION

A. Participant Rights: Subject to the licenses described below, any available rights of ownership to a Submission will remain, as between a Participant and Poster (and Administrator) with the Participant.
 
B. Poster Rights:By entering the Challenge, however, each Participant hereby grants to the Poster, Devpost [or Administrator], and any other third parties acting on the Poster’s behalf, a royalty-free, fully paid-up, non-exclusive, worldwide, irrevocable, and perpetual license to use, review, assess, test, and otherwise exploit in all media and for any purpose the Submission. This license includes, but is not limited to, displaying, posting, or linking to the Submission on Poster’s, Devpost’s [or Administrator’s], and partners’ websites and applications, including the Challenge Website, and display and promotion of the Submission in any other media, worldwide. By participating in the Challenge, a Participant agrees to sign such additional documentation that may be required to confirm the rights granted herein (if necessary).
 
C. Submission Display:In addition to the foregoing, Participant acknowledges and agrees that 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 Poster, Devpost [or Administrator], and Judges for screening and evaluation.
 
D. Participants represent and warrant that the Poster, Devpost [or Administrator], and Challenge partners are free to use without claim, lien, or encumbrance Participants’ Submission in the manner described above, as provided or as modified by Devpost [or Administrator], without obtaining permission or license from any third party and without any owing or paying any compensation to Participants.
 
E. To the extent Poster provides to Participant any software, information, or other materials, such software, information, or other materials are provided on a limited, non-exclusive, and revocable basis for Participant to use only in connection with the Challenge. All other rights, licenses, or permissions are reserved by Poster.
 
F. By submitting a Submission, Participant understands and acknowledges that the Poster does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Participant also acknowledges that, with respect to any claim by Participant relating to or arising out of Poster’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Challenge, the damage, if any, thereby caused to the applicable Participant will not be irreparable or otherwise sufficient to entitle such Participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the Participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

  • Participant understands that Poster cannot control the information disclosed to Poster or our representatives in the course of participating in the Challenge, or what we or our representatives will remember about your Participant also understand that we will not restrict work assignments of representatives who have had access to your Submission. By participating in the Challenge, participant agrees that Poster may use any information in our representatives’ unaided memories in the development or deployment of our products or services without liability or compensation to you. 
  • Participant understands that they will not receive any compensation or credit from Poster for use of the Submission in connection with this Challenge. This provision does not limit any compensation Participant may receive through Poster or related third parties as a result of use or marketing or profiting from the application beyond this Challenge or as provided in these Rules. Poster is not responsible for any unauthorized use of the Submission by those accessing or viewing your Submission.
  • Please note that after the Challenge the Participant and/or their Submission (or parts thereof) may be publicized in advertisements related to the These advertisements may be distributed online and posted on Poster’s site or third-party websites.
  • While Poster reserves the rights set forth above, they are not obligated to use the Submission for any purpose, even if it has been selected as a winning
  • If Participant does not want to grant the rights noted in these Rules they shouldnot enter this
  • Nothing in these Rules shall be interpreted as granting the Participant permission to use or display any of the Poster’s trademarks (including any logo or brand) or rights in any Poster technologies or Moreover, nothing shall permit Participant to promote their participation or involvement in the Challenge without Poster’s prior written consent.

 

6. JUDGING

A. Judges: Eligible Submissions will be evaluated by a panel of judges selected by the Poster (the “Judges”). Judges may be employees of the Poster or external, may or may not be listed individually on the Challenge Website, and may change before or during the Judging Period. Judging may take place in one or more rounds with one or more panels of Judges, at the discretion of the Poster.

B. Criteria: The Judges will score eligible Submissions using the following criteria (the “Judging Criteria”):

(i) How innovative the submission is (Includes the degree of innovation demonstrated either in the use of thermal imaging or in the creation of the solution.)

(ii) User experience and design (Includes how beautiful and elegant the solution is in terms of how it looks to the user and how easy it is to use.)

(iii) How well it works (Includes the extent to which the solution does what it is supposed to do.)

(iv) Potential Impact (Includes the extent to which the solution could impact users of thermal imaging products in terms of scope and/or scale.)

The Judging Criteria above may not apply to every Prize. See section 7 below for the Judging Criteria that apply for each Prize and weight that will be assigned to the criteria in judging each Prize. The Participant(s) that are eligible for a Prize, and whose Submissions earn the highest overall scores based on the applicable Judging Criteria, will become potential winners of that Prize.

C. Submission Review: JUDGES are not required to test the Application and may choose to judge based solely on the text description, IMAGES and video provided in the Submission. 

D. Tie Breaker: For each Prize listed in Section 7 below, if two or more Submissions are tied, the tied Submission with the highest score in the first applicable criterion listed above will be considered the higher scoring Submission. In the event any ties remain, this process will be repeated, as needed, by comparing the tied Submissions’ scores on the next applicable criterion. If two or more Submissions are tied on all applicable criteria, the panel of Judges will vote on the tied Submissions.

 

7. PRIZES

Winner

Prize 

Quantity

 

Eligible Participants

Applicable Judging Criteria

Grand Prize

US$10,000 cash prize

Plus one FLIR ONE device for each team member ($249 value, limit 5 devices per team)

1

All except Large Organizations

i, ii, iii, iv

 

Best DIY App

US$2,000 cash prize

Plus one FLIR ONE device for each team member ($249 value, limit 5 devices per team).  Developer and/or app will be promoted by FLIR.

1

All except Large Organizations

i, ii, iii, iv

Best Outdoors App

US$2,000 cash prize

Plus one FLIR ONE device for each team member ($249 value, limit 5 devices per team).  Developer and/or app will be promoted by FLIR.

1

All except Large Organizations

i, ii, iii, iv

Best Game App

US$2,000 cash prize

Plus one FLIR ONE device for each team member ($249 value, limit 5 devices per team).  Developer and/or app will be promoted by FLIR. 

 

1

All except Large Organizations

i, ii, iii, iv

Best Wildcard App

 

US$2,000 cash prize

Plus one FLIR ONE device for each team member ($249 value, limit 5 devices per team).  Developer and/or app will be promoted by FLIR.

1

 

 

5

All except Large Organizations

 

 

i, ii, iii, iv

 

Popular Choice Award

 

US$1000

Plus one FLIR ONE device for each team member ($249 value, limit 5 devices per team).  Developer and/or app will be promoted by FLIR.

 

1

All except Large Organizations

 

Determined by public voting applying criteria**

Honorable Mention

One FLIR ONE device for each team member ($249 value, limit 5 devices per team).  Developer and/or app may be promoted by FLIR.

5

All except Large Organizations

i, ii, iii, iv

Large Organization Recognition Award

Recognition only.  Developer and/or app may be promoted by FLIR.

5

Only Large Organizations

i, ii, iii, iv

**Please review the Devpost Terms of Service at http://Devpost.com/terms for voting rules.

 

8. VERIFICATION OF POTENTIAL WINNERS

A. 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. Prize award is not final until all documentation has been returned and winner has been fully verified by Poster and Administrator. The final decision to designate a winner shall be made by the Poster and/or Administrator.

B. 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, Organization, or Large Organization). In order to receive a Prize, the potential winner (including all participating team members in the case of a team or Organization) will be required to sign and return to the Poster or Administrator, affidavit(s) of eligibility (or a similar verification document) and liability/publicity release(s), and any applicable tax forms (“Required Forms”).

C. Release: Potential winner must release a functional version of the application to the Poster for review. This can be either a pre-production/beta release or a production release and it can be released to cal.loo@flir.com using HockeyApp, Testflight, Crashlytics, or other development platform if approved in advance by Poster.

Deadline for Returning Required Forms and releasing the application to the Poster for testing: Ten (10) business days after the Required Forms are sent.

D. Disqualification: The Poster and/or Administrator may deem a potential winner (or participating team members) ineligible to win if: 

(i) the potential winner’s Representative or any participating member does not respond to multiple emails or fails to sign and return the Required Forms within ten (10) business days of the Required Forms being sent, 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 member of a potential winner’s team, Organization, or Large Organization, is disqualified for any other reason. 

If prize if forfeited or if winners are disqualified, or If any prize or prize notification is returned as undeliverable, at Poster’s sole discretion and time permitting, the prize will be considered forfeited and the Poster may select an alternate prize winner from all remaining eligible entries, in Poster’s sole discretion; otherwise, the prize will remain the property of Poster and will not be awarded. Only three (3) attempts will be made to award the prize to an alternate winner, after which the prize will remain unawarded.

 

9. PRIZE DISTRIBUTION

A. Substitutions & Changes: Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Poster reserves the right to make equivalent prize substitutions at its sole discretion. Poster will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. The Poster will not award a Prize if there are no eligible Submissions entered in the Challenge, or if there are no eligible Participants or Submissions for a specific Prize.

B. Prize Delivery: Monetary prizes will be mailed to the winning Participant’s address (if an individual) or the Representative’s address (if a team or Organization). Prizes will be payable to the Participant, if an individual, to the Participant’s Representative, if a team, or to the Organization, if the Participant is an Organization. It will be the responsibility of the winning Participant’s Representative to allocate the Prize among their team or Organization’s participating members, as the Representative deems appropriate. 
C. Prize Delivery Timeframe: Within 45 days of the Poster or Administrator’s completion of the Verification process.

D. Fees & Taxes: Winners (and in the case of team or Organization, all participating members) are responsible for any fees associated with receiving or using a prize, including but not limited to, wiring fees. Winners (and in the case of team or Organization, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). Winners may be required to provide certain information to facilitate receipt of the award, including completing and submitting a new vendor form and any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed 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 Poster, Administrator, and/or Prize provider reserve the right to withhold a portion of the prize amount to comply with the tax laws of the United States or other Poster jurisdiction, or those of a winner’s jurisdiction.

Limit one (1) prize per person, per team. We will not be liable for unsuccessful efforts to notify any potential winner.

 

10. SUBMISSION CONDITIONS AND RELEASE

A. By entering the Challenge, you (and, if you are entering on behalf of a team or Organization, each participating members) agree(s) to the following:

(i) The relationship between you, the Participant, and the Poster and Administrator, is that of independent contractors and is not a confidential, fiduciary, or other special relationship.

(ii) You will be bound by and comply with these Official Rules and the decisions of the Poster, Administrator, and/or the Challenge Judges which are binding and final in all matters relating to the Challenge.

(iii) You release, indemnify, defend and hold harmless the Poster, Administrator, Promotion Entities, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations or individuals responsible for sponsoring, fulfilling, administering, advertising or promoting the Challenge, 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 Participant’s entry, creation of Submission or entry of a Submission, participation in the Challenge, 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.  

B. Without limiting the foregoing, the Released Parties shall have no liability in connection with: 

(i) any incorrect or inaccurate information, whether caused by the Poster or Administrator’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Challenge; 

(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Challenge Website; 

(iii) unauthorized human intervention in any part of the entry process or the Challenge;  

(iv) technical or human error which may occur in the administration of the Challenge or the processing of Submissions; 

(v) failure to obtain a necessary third party license, consent, or permission to any aspect of a Submission; or  

(vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Participant’s participation in the Challenge or receipt or use or misuse of any Prize. 

The Released Parties are also not responsible or liable for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Participants (and Participant’s failure to provide updated contact information). Proof of sending or submitting will not be deemed to be proof of receipt by the Poster or Administrator. 

If for any reason any Participant’s Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Participant’s sole remedy is to request the opportunity to resubmit its Submission. Such request must be made promptly after the Participant knows or should have known there was a problem, and will be determined at the sole discretion of the Poster.

 

11. PUBLICITY AND INTELLECTUAL PROPERTY 

Except where prohibited, by participating in the Challenge you consent to the use of personal information about you, if you are a Participant and especially if you are winner, by the Poster, Administrator, and third parties acting on their behalf. Such personal information may include, but is not limited to, your name, likeness, photograph, voice, opinions, comments and hometown and country of residence as collected or obtained from the registration or Submission process or form participation in the Challenge. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes. 

The duration of your consent is for a period of three years following the conclusion of the Challenge. This consent applies, as applicable, to all members a Participant’s team or Organization that participated in the winning Submission.

Warrenty. By entering the Challenge, you warrant and represent that the Submission submitted by you is your own original work created by you or a work that you have obtained lawfully and/or via a valid license, has not been previously published, has not won a previous prize or award, that you own or otherwise control all of the rights to the Submission and the Submission submitted by you (including, without limitation, the rights in any photographs, sound recordings, and any content included in the Submission) and that the Submission submitted by you does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity and/or privacy. Please understand that submitting a Submission that is copyrighted by another individual, or otherwise subject to the rights of another individual, will make you responsible for any legal action the legal rights holder might take against you. Likewise, you agree to indemnify Poster against any claims made by individuals claiming rights in the Submission that may contest Poster’s right to use the Submission in accordance with the terms of these Rules.

License. Please note that you will retain ownership over your Submission; however, as part of your participation, you agree to grant Poster a license in accordance with the terms of this provision and elsewhere in these Official Rules. By submitting a Submission into the Challenge, you grant to the Poster the right, without limitation, to display the Submission online and in any media now known or hereinafter developed. Further, you agree to grant to the Poster an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to (a) use, review, assess, test, and otherwise analyze your Submission and all its content in connection with the Challenge, including in any marketing for the Challenge. By participating in the Challenge, you agree to sign all documentation that may be required for us and our designees to make use of the rights granted herein, if necessary. If any use by Poster of the submissions causes it to be liable to any third-party, Participant agrees to indemnify Poster and its agents, employees, affiliates, subsidiaries, representative and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result of its use of the Submissions.

 

12. GENERAL CONDITIONS

A. The Challenge is provided by Poster and Administrator without warranty of any kind. Poster and Administrator reserve the right, in their sole discretion, to cancel, suspend and/or modify the Challenge, 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. NOTE: If, due to any technical difficulty or unforeseen interruption, the Challenge Site, and/or any portion of the Challenge is interrupted, Poster may (or may not) extend the designated deadlines, judging, or review periods, in Poster’s sole discretion. If any extension of time is approved, Poster will notify Participants and will update these Official Rules accordingly and all Participants will be bound to the updated Official Rules as they are posted on the last day of judging.

B. Poster and Administrator reserve the right to assess your eligibility and compliance with these Official Rules at any point during the Challenge. Further, Poster and Administrator reserve the right in their sole discretion to disqualify any individual or Participant it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Challenge 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 Challenge, or a violation of any applicable law or regulation.  If Poster or Administrator requires any assistance in order to assess a Participant’s compliance, Participant must promptly provide that assistance. If Participant does not provide the requested assistance, Participant may be disqualified.

C. Any attempt by any person to undermine the proper conduct of the Challenge may be a violation of criminal and civil law.  Should Poster or 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 Participant to cooperate with an investigation and referral to criminal and civil law enforcement authorities.

D. If there is any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Challenge materials, including but not limited to the Challenge Submission form, Challenge Website, advertising (including but not limited to television, print, radio or online ads), these terms and conditions of the Official Rules shall prevail. 

E. These Official Rules will terminate on the earlier of (i) Poster determining, in its sole discretion, that the Challenge is complete, (ii) Participant determining to cease participation in the Challenge (with written notice to Poster or Administrator), or (iii) Poster or Administrator providing Participant with written notice of termination of these Official Rules. Upon termination or expiration of these Official Rules, any right to use the Poster information or materials will immediately cease, and Participant must return to Poster or destroy or delete all other copies of or notes on, the Poster information or materials (in any and all forms or media). Notwithstanding the foregoing, any term or condition of these Official Rules that is by its own terms or conditions intended to survive shall survive the termination or expiration of these Official Rules for any reason. The terms and conditions of the Official Rules are also subject to change at any time, including the rights or obligations of the Participant, the Poster and the Administrator. In order to make effective such change, the Poster and/or Administrator will post the terms and conditions of the amended Official Rules on the Challenge Website and also provide notice of such change to the designated email address of each Participant.  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. 

F. The Poster or 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 Participant, 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 Poster’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision. 

G. Excluding Submissions (the rights to which are addressed above), all intellectual property related to this Challenge, 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 Poster and/or 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 Poster or Administrator intellectual property shall be solely to the extent provided for in these Official Rules.

 

13. LIMITATIONS OF LIABILITY 

PARTICIPANT AGREES THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO PARTICIPATION IN THE CHALLENGE OR THE USE OF ANY MATERIALS OF THE RELEASED PARTIES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

14. DISPUTES

A. Participation in the Challenge constitutes Participant’s full and unconditional agreement to these Official Rules. By entering, a Participant agrees that all decisions related to the Challenge that are made pursuant to these Official Rules are final and binding, and that all such decisions are at the sole discretion of the Poster and/or Administrator.

B. Participants 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 Challenge, or any Prizes awarded, other than those concerning the administration of the Challenge 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 Challenge or any Prizes awarded, shall be resolved exclusively by the United States District Court of New York or the appropriate New York State Court and Participants consent to the exclusive jurisdiction and venue of such courts; and   

(iii) under no circumstances will Participants be entitled to, and Participants 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.  

B. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participants and the Poster in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. 

 

15. ADDITIONAL TERMS THAT ARE PART OF THE OFFICIAL RULES

Please review the Devpost Terms of Service at http://Devpost.com/terms for additional rules that apply to your participation in the Challenge and in particular, your use of the Challenge 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 use of the Challenge Website and these Official Rules shall control with respect to this Challenge.

PLEASE READ. By using the Challenge Website, please note that the Administrator collects personal information from you when you enter the Challenge through the Challenge Website. The information collected is subject to the privacy policy located here: http://Devpost.com/privacy.

 

16. CONTACT

If you have any questions or comment, or wish to send us any notice regarding this Challenge, please email us at Support@Devpost.com

 

17. WINNER’S LIST

For the names of the winners, please send a request to cal.loo@flir.com.