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Show us the amazing public art in your community using 123D Catch and win great prizes. For a limited time, we'll send winners a free 3D print of the models they post on the 123dapp.com Gallery, tagged as "public art". Enter now!
Prizes
Grand prize: Fuji FixPix Real 3D camera + 3D print of winning model.
Runners up: 20 winners will receive a 3D print of their winning model.
Make your models real with 3D printing, a process by which a digital file is translated into a physical object by a 3D printer. Learn more.
Official Rules
PLEASE REVIEW THESE OFFICIAL RULES BEFORE ENTERING THE CONTEST.
ENTRANTS WHO ARE MINORS: YOU MUST OBTAIN THE CONSENT OF YOUR PARENT
OR LEGAL GUARDIAN BEFORE ENTERING THE CONTEST. ENTRY TO THE CONTEST IS FREE
AND NO PAYMENT OR PURCHASE IS NECESSARY TO ENTER OR WIN, EXCEPT FOR THE
STANDARD CHARGES OF YOUR INTERNET ACCESS PROVIDER. A PAYMENT OR PURCHASE
WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
strong>
BY ENTERING THE CONTEST YOU ACKNOWLEDGE THAT YOU HAVE READ
AND AGREE TO THE TERMS AND CONDITIONS OF THE 123D TERMS OF SERVICE AND PRIVACY POLICY
SECTION A – SPECIFIC TERMS FOR THIS CONTEST
Sponsor. The 123D Weekly Challenge: Steal Public
Art (the “Contest”) is an on-line contest with skill, ability and
knowledge components that is sponsored by Autodesk, Inc., a Delaware corporation having its
principal office at 111 McInnis Parkway, San Rafael, CA 94103, USA (“Sponsor
strong>”), in connection with the 123D service and website, www.123Dapp.com, (the
“Sponsor Site”). The Contest is co-sponsored by the company or
companies listed here, if any (each, a “Co-Sponsor”): None. The
Contest is governed by these Official Rules (these “Rules”). For any
questions regarding the Contest, the Sponsor may be contacted by email at [editor@123Dapp.com]
or by phone at (01-510-473-7626) or by mail at the address identified in Section B.18
(“Winner’s List; Mailing List”) below.
Overview; Object of the Contest. The object of the Contest is to create
a 3D model that meets the Criteria (as described in Section A.8 [“Judging”]
below) and are submitted in accordance with the format, content and other requirements identified
in Section A.5 (“How to Enter”) below. All currency value references in these Official
Rules are to United States Dollars, Euros, and British Pounds Sterling as indicated.
Eligibility. THE CONTEST IS OPEN ONLY TO NATURAL PERSONS
WHO, AT THE TIME OF ENTRY, ARE REGISTERED MEMBERS OF THE SITE, WHO ARE AT
LEAST FOURTEEN (14) YEARS OLD AND ARE LEGAL RESIDENTS OF THE 50 UNITED STATES
(INCLUDING THE DISTRICT OF COLUMBIA BUT EXCLUDING PUERTO RICO), CANADA
(EXCLUDING THE PROVINCE OF QUEBEC, CANADA), UNITED KINGDOM, AUSTRALIA,
BELGIUM, CHINA, COLOMBIA, DENMARK, GERMANY, INDIA, NORWAY, SWITZERLAND, THE NETHERLANDS. If on the Start Date you are a
“minor,” meaning that you are under the age of majority in your jurisdiction (currently
18 or 19 in most U.S. states, and provinces of Canada and Australia; 18 in Belgium, China, and, for
the UK, 16 in Scotland and 18 in most other parts of the United Kingdom), you must obtain
permission from your parent or legal guardian, and your parent or legal guardian must consent to
be bound by these Rules as if he or she were an entrant, before you submit an entry. Sponsor
reserves the right to require minors to submit proof of parental/guardian permission and consent to
these Rules at any time, without which they may be immediately disqualified from the Contest.
Certain individuals are excluded from eligibility to enter or win, as described in Section B below. No
purchase or payment is necessary to enter the Contest, and no purchase or payment, including
choosing to purchase any “models” from the Sponsor Site will improve your chances
of winning in any way.
Deadline. The Contest begins at 12:00 p.m. Pacific Standard Time (PT)/6:00
p.m. GMT/7:00 p.m. CEST/1:00p.m. CST (China
Standard Time), on July 9, 2012 (the “Start Date”). Entries
for the Contest must be received by Sponsor by no later than 11:59 p.m. PT August 5, 2012
7:59am GMT/8:59 a.m. CEST/3:59 p.m. CST (China
Standard Time) on August 5th, 2012 (the “Deadline
strong>”).
(GMT + 1 hour for Belgium, the Netherlands, GMT+ 8 hours for China).
How to Enter. All entries must comply with the entry requirements identified in
these Rules (including in this Section and in Section B below), as well as with any specific
formatting or content requirements identified in Section A.2 above or on the "123D Weekly
Challenge" page for the Contest on the Sponsor Site. It is each entrant's responsibility
to ensure compliance with those requirements.
To enter a new model in the Contest, follow these steps:
Create a model using 123D, Catch, Make or Sculpt as
applicable for the Contest.
Tag your model with the phrase "public art".
Model must be published during the Contest period.
Models published prior to the Start Date are not eligible for entry.
Further information about entry can be found in Section B below.
Winner Selection. There will be a possible 21 total winner(s) for the
Contest. The winner(s) will be selected on or around August 6, 2012, and Sponsor will announce the
winner(s) on or around August 7, 2012 Each winner will be awarded only the prize(s) for which that
winner was selected, as described below.
Prize(s). The prize(s) to be awarded in the Contest is/are as follows:
1 Grand prize winner: 1 3D camera and a 3D print of winning model
20 runner up winners to receive a 3D print of their winning model.
Any awarded prizes will be provided to a winner only after the winner has signed a
Winner's Declaration and Release. Sponsor's current Winner's Declaration and Release for the
Contest may be obtained upon request by contacting Sponsor by email at [editor@123Dapp.com] or
by phone at (01-510-473-7626) or by mail at the address identified in Section B.18 ("Winner's
List; Mailing List") below. The winner(s) will be solely responsible for complying with any and
all applicable federal, state, provincial, local or other statutes, laws (including, without limitation,
common law, if applicable), rules and regulations relating to the prizes and for bearing any personal
income, VAT, withholding taxes, customs duties, or other taxes, fees, insurance, surcharges or other
costs relating to receiving, claiming or collecting any prize. Without limitation, for residents subject to
tax obligations under the People's Republic of China, the winner shall be responsible for reporting
his or her individual income tax generated from the prize to relevant Chinese tax authorities on his
or her own and shall then submit the Sponsor a tax payment proof showing the tax is fully paid. If the
winner fails to submit the afore-mentioned proof within a reasonable period of time as required by
the Sponsor, the Sponsor reserves the right to disqualify the winner from entitlement to the prize. All
prizes that are items or services which are subject to third party terms and conditions or restrictions,
acceptance and use of the prizes are subject to all eligibility criteria, expiration dates, service or
dormancy fees, and all other terms and conditions (if any) imposed by the issuer of such items or
services. Please be aware that Contest prizes may not be usable or function properly in certain
countries and Sponsor has no knowledge relating to the use or functionality of such prizes in those
countries. Use or operation of prizes in certain countries may require additional parts, components
or adapters, and Sponsor has no knowledge of any such requirements or any responsibility for
obtaining any such parts, components or adapters. In addition, certain countries may prohibit the
use or operation of the prizes, in whole or in part, and Sponsor has no knowledge regarding, and
shall have no responsibility for determining, whether the winner(s) are permitted to operate or use
the prizes in any particular country.
The estimated retail value of each prize to be awarded in the Contest is as
follows:
The total estimated retail value of all prizes possibly awarded in the Contest is:
Tier [1] one top prize: A Fujifilm FinePix Real 3D W3 Digital Camera and
a 3D print of winning model or equivalent substitute if model is not printable, Total retail value:
330.00 United States Dollar,
268.05 EURO.
212.83 British Pound Sterling
Tier [2] runner up prizes (20): 3D print of winning model or equivalent
substitute if model is not printable, Total retail value:
30.00 United States Dollar
24.37 EURO.
19.34 British Pound Sterling
Judging. All entries that are in compliance with all terms and conditions of
these Rules will be judged on the basis of the following criteria (the "Criteria
strong>"): originality and completeness of 3D model, each of which will be given equal weight.
Sponsor will decide who judges. Further information on the steps and process of voting and
judging can be found in Section B below.
Size of Entry Pool. Winning entries will be selected by the Judges in
accordance with the Criteria as described in these Rules. The chances of any entry winning a prize
depend on the number of eligible entries received between the Start Date and the Deadline and the
quality of that entry as compared to the other eligible entries, as evaluated by the Judges in the
manner described above. Sponsor does not know in advance the number of eligible entries that will
be received. The number of entries received, and the number of winners chosen, in prior contests of
Sponsor, including the three (3) most recently completed contests, can be found through the
"Contests" page of the Sponsor Site. The number of eligible entries for Sponsor's
recently completed contests generally has ranged from approximately forty (40) to approximately
six-hundred fifty (650), and generally has averaged approximately one-hundred fifty (150), but
Sponsor cannot predict or guarantee any specific number of eligible entries for the Contest.
SECTION B – ADDITIONAL TERMS FOR THIS CONTEST
p>
General Conditions. By entering the Contest, each entrant agrees to abide by
the terms of these Rules and by the decisions of Sponsor and the Judges, which shall be made in
all cases in their sole and absolute discretion and are final and binding on all matters relating to the
Contest. These Rules are a legally binding contract, with equivalent effect to a private contract
between each entrant and Sponsor. The Contest is void where prohibited by law The Contest is
governed by Sponsor's Terms [http://sitesupport.123dapp.com/entries/20059427] and
Privacy Policy [http://usa.autodesk.com/privacy/]and other policies (collectively, the
“Policies”) pertaining to the Sponsor Site, although the Rules will
govern any conflict between the Rules and the Sponsor’s Terms or the Rules and the
Privacy Policy.
Exclusions from Eligibility. Employees of Sponsor,
any Co-Sponsor, or their respective parents, subsidiaries, affiliates, partners, suppliers, or
advertising or promotional agencies (including without limitation any Judges who are employees of
Sponsor, any Co-Sponsor or any of their respective parents, subsidiaries, or affiliates), as well as
members of their households or their immediate families (i.e., spouses, parents and children), may
submit entries in the Contest, but any such entries are for information and entertainment purposes
only and are not eligible to be considered for the purpose of selecting finalists or winners. Judges
who are not employees of Sponsor, any Co-Sponsor or any of their respective parents, subsidiaries,
or affiliates, are not eligible to enter or win, nor are members of their households or their immediate
families (i.e., spouses, parents and children). Notwithstanding the foregoing, Sponsor shall have no
liability to any entrant or any other person in the event that Sponsor inadvertently awards a prize to
any non-eligible person(s). In addition, each entrant acknowledges and accepts that Sponsor may
be prohibited by applicable law from permitting entry by or awarding a prize to any person falling
into one or more of the following prohibited categories: (a) a national or resident of Cuba, Iran, Iraq,
Libya, North Korea, Sudan, Syria or any other country for which trade with the United States has
been prohibited or restricted by any statute, regulation, order, rule, treaty, or other law of the United
States or any other applicable jurisdiction in any manner that would prevent the awarding or
delivery of any prize to the entrant; (b) a person on the U.S. Table of Denial Orders, Entity List, List of
Specially Designated Nationals and Blocked Persons, or any other similar list of any applicable
jurisdiction, or any person affiliated with any person or entity on any such list; (c) an official or
representative of any foreign government; or (d) any other person to whom the awarding or delivery
of any prize would violate any applicable statute, regulation, order, rule, treaty, or other law or any of
Sponsor's policies (See: http://usa.autodesk.com/privacy/). If an entrant falls into any of the above
prohibited categories, such entrant is not eligible to win any prizes.
Entry. Multiple entries are permitted, but only one entry per entrant can win a
prize in the Contest. Entrants must be registered members of the Sponsor Site to enter the Contest.
Registering for a Sponsor Site membership account for purposes of entering the Contest is free of
charge. Entries can be the work of more than one person, but for purposes of the Contest, each
entry will belong to the “Primary Author” named in the entry, regardless of the number
of contributors to that entry. For winning entries, Sponsor will award the applicable prize to the
named entrant only, except in the case of a minor, to such minor’s named parent or legal
guardian only unless specific consent from such parent or legal guardian to award the prize to such
minor in accordance has been obtained by way of a duly signed Winner’s Declaration and
Release (See Section A.7 above), and will not be responsible or liable for apportioning any prize
among contributors to a winning entry. Upon submission, all entries become subject to the Policies
(including without limitation the provisions regarding ownership and use of user submissions as
stated in Sponsor’s Terms [http://sitesupport.123dapp.com/entries/20059427]) and further
described in Section B.15 (“Advertising and Marketing”). Notwithstanding the
foregoing, entries to the Contest shall only be valid after the entry is accepted by Sponsor, and its
acceptance occurs at Sponsor’s location in the United States. Entries will not be
acknowledged or returned. Entrants are permitted to modify or update an entry after submission, but
are not permitted to do so after the Deadline. Entries may remain posted on the Contest page of the
Sponsor Site indefinitely following the Deadline, but Sponsor reserves the right to delete entries
from the Contest page after the Contest ends, in its discretion, and Sponsor reserves the right to
delete entries from the Contest page and other pages of the Sponsor Site, at any time in its
discretion, if such entries infringe or may infringe any third party’s rights. Entries may not be
created or submitted through any software-generated, robotic, programmed, script, macro, or other
automated method. Sponsor and Co-Sponsor will have no responsibility for, and will have the right
to refuse in its 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 Contest.
Use of Personal Information. Registering for an account with the Sponsor Site,
which is required to enter the Contest, may require each entrant to submit entrant’s name, email
address, age or date of birth, and other contact details, and in the case of a minor, contact
details for a parent or legal guardian for purposes of obtaining proof of parental consent, if Sponsor
elects to do so. For further information concerning how Sponsor handles personal information, as
well as provisions on confidentiality and the cases in which Sponsor may be entitled to disclose
entrant’s information to third parties or upon request of an authority, consult
Sponsor’s Privacy Policy [http://usa.autodesk.com/privacy/], which is incorporated herein.
li>
Additional Entry Requirements. Each entry must comply in all respects with
the Policies, including without limitation all requirements for user submissions, as stated in the
Terms and Conditions of Use [http://sitesupport.123dapp.com/entries/20059427] for the
Sponsor Site. Without limiting that requirement, each entry also must comply with the following:
Each entry must be entirely the original work of the persons identified in
the entry;
If persons other than the entrant have contributed to an entry, the entrant
must have the written permission from each contributor prior to submitting the entry;
Entries must not have been published prior to the Start Date;
Entries 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; (v) deemed to cause feelings of disharmony, enmity, hatred or hostility
between different religious or racial groups; (vi) protected by copyright, trademark, patents, utility
models, design patents or other proprietary right without the express prior written consent of the
owner of such right; or (vii) dangerous or potentially dangerous, or that would encourage dangerous
behavior from viewers, such as use of explosives and/or harmful substances; or (vii) contrary to
governmental policies of any country whose residents are eligible to enter the Contest.
Entries must not contain any material that would give rise to criminal or
civil liability or that encourages conduct that constitutes a criminal offense.
Judging Process. The winner(s) will be determined by the Judges, who will
apply the Criteria to evaluate entries. The entries with the highest score(s) will be selected as the
winner(s), and the number and type of winners will be as identified in Section A above.
The Judges have the right to disqualify any entry that is not in compliance with these Rules,
in the Judges' discretion. In the event that a winning entry is disqualified, the next-highest scoring
entry will be selected as the alternate winner. In the event that one or more of the identified
Judges is unavailable, Sponsor reserves the right to substitute Judges of comparable qualification,
to be determined by Sponsor in its discretion. The Contest is entirely skill-based and contains no
elements based on chance. The standards applied during the judging process focuses on
assessing each entry’s properties. By the mere submission of an entry, an entrant acquires
no automatic right to be awarded a prize, nor any other right except for the right to have such entry
reviewed and evaluated subject to these Rules.
Prize Terms. All values are stated in United States Dollars, Euros and British
Pounds Sterling, as indicated. If a stated prize is unavailable, Sponsor has the right to substitute one
or more items of equal or greater value, in its discretion. No prize is, and the winner(s) have no right
to claim that any prize is, exchangeable, transferable, or redeemable for cash. The winner(s) will be
solely responsible for all expenses related to the receipt and use of all prize(s) other than those
expenses expressly included in the description of the prize(s) in Section A above. The winner(s) will
be solely responsible for complying with any and all applicable statutes, laws (including, without
limitation, common law, if applicable), rules and regulations and for bearing any personal income,
VAT, withholding taxes, customs duties, or other taxes, fees, insurance, surcharges or other costs
relating to receiving, claiming or collecting any prize.
Winner(s) are hereby informed of the liability to pay all taxes on the prize(s) received;
such taxes shall be paid by the winner(s). Each winner shall be responsible for reporting his or her
individual income tax generated from the prize to relevant tax authorities on his or her own and, for
residents subject to tax obligations on the prize by any country, shall promptly submit to Sponsor a
tax payment proof showing that such tax has been fully paid. If the winner fails to submit such proof
within a reasonable period of time as required by Sponsor, Sponsor reserves the right to disqualify
the winner from entitlement to the prize and the winner shall be deemed to have waived his or her
right to claim the prize and shall be further obligated, upon Sponsor’s request, to return the
prize to Sponsor at his or her own cost. THE PRIZE(S) WILL BE GIVEN AWAY BY
SPONSOR AND ANY CO-SPONSOR(S) “AS IS.” SPONSOR AND ANY COSPONSORS
DO NOT MAKE, AND EXPRESSLY DISCLAIM, 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.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
CONSUMER GUARANTEES AND SIMILAR RIGHTS, IN WHICH CASE SUCH EXCLUSION SHALL
APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE RELEVANT
JURISDICTION. WITHOUT LIMITATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, ALL WARRANTIES AND REPRESENTATIONS, IN RELATION TO THE PRIZES, WHETHER
EXPRESS OR IMPLIED BY STATUTE, LAW (INCLUDING, WITHOUT LIMITATION, COMMON LAW,
IF APPLICABLE), RULE, REGULATION, OR OTHERWISE, ARE HEREBY EXCLUDED.
li>
Announcement; Award of Prize(s). The winner(s) will be notified by e-mail
within seven (7) days of selection. The winner(s) (and, if a winner is a minor, the winner’s
parent or legal guardian) may be required to sign a Winner’s Declaration and Release which
includes a declaration of eligibility, grant of publicity rights and a liability release, to the extent not
prohibited by law, prior to receipt of a prize. The prize(s) will be awarded by way of delivery to
Winner’s designated valid delivery address set forth on the Winner’s Declaration and
Release. Unless otherwise specified in Section A, and provided that direct shipment costs by mail or
parcel post (expressly excluding import duties and other duties or taxes, which are the
winner’s sole responsibility) to Winner’s designated valid delivery address shall be
borne by Sponsor, provided, however, if delivery is declined or fails by reason of winner’s
failure to timely accept receipt or pay appropriate import duties and other duties or taxes) then the
winner will be deemed to have declined acceptance of the prize and Sponsor reserves the right to
reclaim the prize whereupon the prize will be returned to Sponsor and winner will no longer be
eligible to receive the prize. The winner(s) may be required to provide Sponsor with a social security
number, taxpayer identification number, or other identification or account number (if applicable) for
tax purposes, and will provide Sponsor with all other information as may be required for Sponsor to
comply with all applicable laws in connection with the award of any prize(s) to the winner(s). The
winner(s) 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 a winner announcement, or return any
required declarations or releases within fourteen (14) days (or any longer time specified by Sponsor
in the applicable winner announcement) or to comply with any of the foregoing may result in
disqualification and the selection of an alternate winner. It is Sponsor’s policy to assist U.S.
government employees in meeting their obligations under their standards of ethical conduct; any
prize(s) won in violation of those Standards should not be accepted and should be returned at
Sponsor’s expense or destroyed. Without limitation, Sponsor shall not be liable for any
failure to deliver any prizes due to any winner’s failure to accept delivery, to meet any of his
or her obligations hereunder or due to the submission of any false, inaccurate or misleading
information.
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, the Policies, and all applicable statutes, laws (including, without limitation, common law, if
applicable), rules and regulations; and (c) the information provided in the entrant’s entry,
including without limitation all contact information, is true, accurate, and complete in all respects.
li>
Assumption of Risk. By taking any action to create an entry for the Contest,
each entrant, on his or her own behalf and on behalf of his or her personal representatives, heirs,
executors, and assigns, acknowledges and agrees that: (a) ENTRANT AND HIS OR HER
PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, AND ASSIGNS HAVE THE SOLE
RESPONSIBILITY FOR THE CREATION OF THE ENTRY, WHICH IS DESIGNED AND CREATED
BY THE ENTRANT FOLLOWING HIS OR HER OWN DECISION AND INITIATIVE DEPENDING ON
THE WAY, IN HIS OR HER SOLE DISCRETION ENTRANT DECIDES TO CREATE SUCH ENTRY,
AND EVEN THOUGHT THE CONTEST DOES NOT REQUIRE OR OTHERWISE ENCOURAGE
DANGEROUS BEHAVIOR, THERE MAY BE DANGER AND RISK OF BODILY INJURY, DEATH, OR
PROPERTY DAMAGE INVOLVED IN CREATING AN ENTRY; (b) THESE RISKS AND DANGERS
MAY ARISE FROM FORESEEABLE OR UNFORESEEABLE CAUSES; (c) SUCH ENTRANT AND
HIS OR HER PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, AND ASSIGNS ASSUME
ALL RISKS AND RESPONSIBILITY FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE,
OR OTHER LOSS ARISING OUT OF THE CREATION OF ANY ENTRY, WHETHER CAUSED BY
NEGLIGENCE OR ANY OTHER CAUSE; and (d) Subject to applicable law, such entrant
and his or her personal representatives, heirs, executors, and assigns are relinquishing any and all
rights he, she, or they now have or may have in the future to sue or take any other action against
Sponsor, any Co-Sponsor, the prize manufacturers, any other entities involved in the administration
of the Contest, each of their respective parents, subsidiaries, and affiliates, and each of their
respective officers, directors, employees, agents, and representatives (the “Sponsor
Parties”) on the basis of any injury, death, damage, or other loss that may be
suffered arising from any action taken in the creation of any entry, including but not limited to claims
based on allegations of negligence by any of the Sponsor Parties or use of any machinery or
materials. Without limitation, Sponsor Parties shall have no liability to any entrant or any other
person in the event the entry or any acts or omissions of the entrant violates any of these Rules.
Release. To the maximum extent permitted by law, by entering the Contest,
each entrant releases and holds harmless 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)
entry or participation in the Contest, including but not limited to disputes among individuals claiming
to have contributed to any winning entry; (b) any violation by the entrant of these Rules, the Policies,
or applicable laws; (c) misappropriation, infringement, or other violation of any copyright, trademark,
patent, trade secret, right of publicity, privacy, or other legal or contractual right of any person
attributable to entrant or any entry submitted by entrant; (d) the acceptance, possession, receipt, or
use of any prize or any item purchased with any prize (e.g., if the prize includes a gift card); (e) any
entries or votes that have been tampered with or that are misdirected, incomplete, non-conforming,
corrupt, lost, late, or ineligible; (f) 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; (g) any Internet traffic congestion or website accessibility or delays; (h) printing
or typographical errors in any Contest-related materials; or (i) any other technical or human error
that may occur in connection with the Contest (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 CONTEST, HOWSOEVER CAUSED,
WHETHER ARISING IN STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE)
CONTRACT, OTHER LEGAL THEORY OR OTHERWISE, AND ALL SUCH DAMAGES ARE
HEREBY DISCLAIMED AND EXCLUDED. SOME JURISDICTIONS MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES AND OTHER LIABILITY (INCLUDING
INCIDENTAL OR CONSEQUENTIAL DAMAGES) IN WHICH CASE SUCH LIMITATION OR
EXCLUSION SHALL APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, RULE, STATUTE OR REGULATION IN THE RELEVANT JURISDICTION. NOTHING IN
THESE TERMS EXCLUDE LIABILITY FOR FRAUD, OR FOR PERSONAL INJURY OR DEATH
CAUSED BY NEGLIGENCE TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY
APPLICABLE LAW.
Misconduct. Sponsor reserves the right, in its discretion, to disqualify any
entrant who: (a) tampers with the entry or voting process, the operation of the Contest, the Sponsor
Site, or affiliated websites; (b) acts in an unsporting or disruptive manner, or with intent to annoy or
harass another person; or (c) is otherwise in violation of these Rules, the Policies, or any applicable
laws.
Termination. Sponsor reserves the right to suspend, modify, or terminate the
Contest at any time for any reason, in its discretion, including without limitation in the event of fraud,
abuse, tampering, technical, administrative, financial, or other difficulties. In such cases, Sponsor
will post a notice on the Contest page of the Sponsor Site. Should the Contest terminate prior to
selection of the winner, Sponsor will announce an alternate means of awarding the prize on the
Contest page of the Sponsor Site. Any entrant may withdraw from the Contest at any time by
contacting Sponsor by email at [editor@123Dapp.com] or by phone at (01-510-473-7626) or by mail
at the address identified in Section B.18 (“Winner’s List; Mailing List”)
specifying the name of this Contest and any other relevant information.
Advertising and Marketing. By entering the Contest, and in consideration of
Sponsor’s potential review and evaluation of his or her entry, each entrant grants to Sponsor
the non-exclusive right to use his or her entry as provided in the Policies, including without limitation
the provisions of the Terms and Conditions of Use [http://sitesupport.123dapp.com/entries/
20059427] regarding ownership and use of user submissions. WITHOUT LIMITING THE
FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BY ENTERING THE CONTEST,
EACH ENTRANT CONSENTS, AND WARRANTS THAT IT HAS OBTAINED THE LEGALLYBINDING
WRITTEN CONSENT OR OTHER LEGALLY BINDING AUTHORIZATION (INCLUDING
WITH REGARD TO THE USE AND MANAGEMENT OF COPYRIGHTS IN ALL CREATED
CONTENT) OF EVERY CONTRIBUTOR TO THE ENTRY (INDIVIDUALS WHOSE NAME,
LIKENESS, PROPERTY, RESULTS AND PROCEEDS APPEAR IN THE ENTRY), TO THE USE BY
SPONSOR, ANY CO-SPONSOR, OR ANY THIRD PARTY CHOSEN BY SPONSOR OR ANY COSPONSOR,
OF ANY AND ALL INFORMATION (INCLUDING PERSONAL INFORMATION),
DRAWINGS, TEXT, PHOTOS, IMAGES, VOICES, VIDEOS, OR OTHER MATERIAL CONTAINED IN
AN ENTRY OR OTHERWISE PROVIDED BY SUCH ENTRANT RELATED TO THE CONTEST FOR
ADVERTISING AND MARKETING PURPOSES. Otherwise, each entrant retains whatever
rights it may have in each entry to the extent provided in the Policies. The Sponsor, at its discretion,
may require entrants to provide evidence of such written consents or other legally binding
authorization. To the maximum extent permitted by law, by accepting a prize, a winner consents on
his or her own behalf, to the print and online publication of the winner’s user name, stated
country of residence and winning entry as part of the official winner’s list on the 123D
Site (and to submit this information, along with the winner’s first and last name,
address , phone, email or other contact information to governmental agencies if required by
applicable laws) without additional compensation other than the consideration specified in this
Section 15 (Advertising and Marketing) for the entire protection term of the rights concerned and for
all methods and means of exploitation. Each entrant and any other contributor whose personal
information is being so used by Sponsor may request access to his or her personal information held
by Sponsor and that Sponsor correct the data if it is inaccurate or delete the data if Sponsor is not
required to retain it by law or for legitimate business purposes. Access, correction, deletion requests
or withdrawal of consents can be made by contacting Sponsor by email at [editor@123Dapp.com]
or by phone at (01-510-473-7626) or by mail at the address identified in Section B.18
(“Winner’s List; Mailing List”), however, no consents will apply retroactively to
any entrant’s personal information used prior to Sponsor’s receipt of any consent
withdrawal. 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
[http://usa.autodesk.com/privacy/], as modified by these Rules.
Governing Law; Dispute Resolution. By entering the Contest, entrants agree
that these Rules will be governed by and construed in accordance with the laws of (a) Switzerland if
the entrant’s principal place of residence is in a country in Europe, Africa or the Middle East,
(b) Singapore if the entrant’s principal place of residence is in a country in Asia, Oceania or
the Asia-Pacific region, or (c) the State of California (and, to the extent controlling, the federal laws
of the United States) if the entrant’s principal place of residence is in a country in the
Americas (including the Caribbean) or any other country not specified in this Section 16 (Governing
Law; Dispute Resolution); provided, however, that in respect of all claims, actions and disputes
brought by any of the Sponsor Parties, these Rules and shall be governed by and construed in
accordance with the laws of the State of California (and, to the extent controlling, the federal laws of
the United States). The laws of such jurisdictions shall govern without reference to the conflicts-oflaws
rules thereof. The UN Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act shall not apply to (and are excluded from the laws
governing) these Rules. In addition, by entering the Contest, entrants agree that any claim, action or
dispute arising under or relating to this Agreement will be brought exclusively in (and the parties will
be subject to the exclusive jurisdiction of) the Superior Court of the State of California, County of
Marin, or the United States District Court for the Northern District of California in San Francisco,
except that (other than with respect to claims, actions or disputes brought by any of the Sponsor
Parties) if the entrant’s principal place of residence is in (a) a country in Europe, Africa or the
Middle East, any such claim or dispute will be brought exclusively in (and the parties will be subject
to the exclusive jurisdiction of) the courts of Switzerland, or (b) a country in Asia, Oceania or the
Asia-Pacific region, any such claim or dispute will be brought exclusively in (and the parties will be
subject to the exclusive jurisdiction of) the courts of Singapore. By entering the Contest, 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. Notwithstanding
anything to the contrary, nothing will prevent any of the Sponsor Parties from bringing an action for
infringement of intellectual property rights in any country where such infringement is alleged to
occur.
Miscellaneous. 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 and the remaining parts of these Rules will remain in full force and effect.
Nothing contained herein or in any of the Contest related materials should be construed as an
endorsement by Sponsor of any Co-Sponsor, or of Sponsor or any Co-Sponsor of any third party,
product, or service. Notwithstanding anything to the contrary, Sponsor may decline to process
requests that are unreasonable or unreasonably repetitive.
Winner’s List; Mailing List. The user name(s) and entries of the
Contest winner(s) will be posted on the Contest page of the Sponsor Site, within fourteen
(14) days of the Deadline. In addition, the names of the winner(s) may be obtained by sending a
written request and a self-addressed, stamped envelope to the below address (mailed requests
must include the words “WINNER’S LIST” and the full name of the Contest
prominently in the first line of the address):
123D Editor
82 2nd St.
San Francisco, California 94105
USA
or by contacting Sponsor by email at [editor@123Dapp.com] or by phone at
(01-510-473-7626) or by mail at the address identified in above. All requests must include the
words “WINNER’S LIST” and the full name of the Contest prominently in the
subject line or in the voicemail, as the case may be.
All such requests must be received within six (6) months of the Deadline.
Sponsor’s telephone number for Contest purposes is (01-510-473-7626). 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 “123D Mailing
List” at the above address, by calling the above telephone number, or as otherwise indicated
on the Sponsor Site. Residents of Vermont may omit return postage on winner’s list and
mailing list requests.