Challenge terms and conditions
Each Challenge will be announced with a description of the particular subject matter, the specific judging criteria (the “Judging Criteria”), the entry dates (the “Entry Period”) during which entries will be accepted, and the number and nature of the anticipated awards for the Challenge. By submitting a completed response to a given Challenge (“Entry”), the submitter of the Entry (whether an individual, group or company hereinafter “Entrant”) agrees to be bound by the following legal terms and conditions and any Stratasys specific terms and conditions which are posted with a particular (collectively “Challenge Rules” or “Agreement”).
This Agreement governs the relationship between Entrant, Stratasys, Inc. (“Stratasys”) and various Stratasys administering and expressly identified on a particular, respective challenge (“Stratasys”). The Entrant, Stratasys, and Stratasys hereinafter collectively referred also to as the Parties and individually as a Party.
Plain English: By submitting an entry, you are agreeing to all these terms. Make sure you understand all of them.
Participation is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law. One Entry per student/team. Each Entry will be reviewed independently. Multiple individuals or entities may collaborate to submit a single Entry and any Award will be divided equally among the respective contributors to the winning Entry. Entrant is responsible for checking applicable laws and regulations in its jurisdiction before participating in the Competition to make sure that participation is legal. Entrant is responsible for all taxes and reporting related to any Award that Entrant may receive as part of the Competition. Only entries submitted in accordance with the terms of the Agreement will be considered an entry.
Plain English: Make sure you can legally enter into this Agreement.
The Competition is open to Entrants over the age of 18 or the age of majority in said Entrant’s geographic location and to all validly formed legal entities that have not declared or been declared in bankruptcy. Entrants under the age of 18 must have parental or legal guardian written consent to enter. Employees and contractors of Stratasys and Stratasys and any of their respective affiliates or subsidiaries are not eligible to enter. Entrants may enter as individuals or as a design team.
All team members must be enrolled as a student in an educational institution during the semester/term in which they contribute to the design. The Challenge is not open to any persons employed, past or present, as a professional in 3D printing. Each entry must comply with the Contest Rules in all respects, including all requirements for user submissions, without limitation. Each entry must be entirely the original work of the persons identified in the entry; except that ordinary guidance and direction may be given by institutional teachers, professors, and advisors
Entrant is solely responsible for all equipment, as well as all costs it incurs associated with entering and participating in the Competition.
Plain English: You have to pay for your prep work and you need to be old enough and not bankrupt.
All Entries must be non-confidential. By making a submission to a Challenge, Entrant agrees that no part of the submission includes any information or ideas deemed by Entrant or by any third party to whom Entrant owes a duty of non-disclosure, as confidential. Since Stratasys does not wish to receive or hold any submitted materials “in confidence” it is agreed that, with respect to the Entry, no confidential or fiduciary relationship or obligation of secrecy is established between the parties. If Entrant’s Entry is selected for further evaluation by a Stratasys, Stratasys may (but is not obligated to) offer to sign a confidentiality agreement as part of further discussions about the Entry and the material it describes.
Plain English: We don’t want your secrets. If we decide we do, we will work it out with you separately.
By submitting an Entry, Entrant represents and warrants that:
- Entrant meets the eligibility requirements and all information entered for the Challenge is true and complete;
- that Entrant has the right and authority to submit the Entry on its own behalf or on behalf of the persons and entities that specified within the Entry;
- Entrant agrees to be bound by this Agreement and to all Challenge Rules and decisions of the Stratasys and/or their designees, which are final and binding in all respects;
- Entrant agrees that participation shall not constitute employment, assignment or offer of employment or assignment;
- Entrant is not entitled to any compensation or reimbursement for any costs;
- Entrant agrees that Stratasys has the right to promote all entries; and
- that Entry (both the information and materials submitted in the Entry and the underlying technology/method/idea/treatment protocol/solution described in the Entry):
- is Entrant’s own original work, or is submitted by permission with full and proper credit given within the Entry;
- is not, and has not been in production or otherwise previously published or exhibited;
- does not contain any confidential information or trade secrets (Entrants or third parties);
- does not violate or infringe upon the patent rights, industrial design rights, copyrights, trademarks, rights of privacy, publicity or other intellectual property rights or other rights of any person or entity;
- does not contain malicious code, such as viruses, malware, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
- does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
- does not trigger any reporting or royalty or other obligation to any third party;
- affirmatively represents that, in your good faith opinion, your Entry is innovative and original. If you have already filed a patent application or been issued a patent for any part of your Entry, or if you have licensed or will need to license any third-party intellectual property, please include that information;.
If Entrant thinks an entry may infringe on existing copyrighted materials, please notify Stratasys immediately by email at firstname.lastname@example.org.
Plain English: Make sure anything you submit is completely honest and is completely yours. We aren’t paying you for submitting anything or promising you a job. Make sure you understand all the rules.
The sum of the Awards is the total gross amount of the reward. The awarded Entrant is solely liable for the payment of all taxes, duties and other similar measures if imposed on the reward pursuant to the legislation of the country of his/her residence, domicile, citizenship, workplace, or any other criterion of similar nature. Only one Award per Entry unless otherwise expressly stated in the Challenge.
All winners will be contacted by the Stratasys staff to get their contact information and any other information needed to present the Award. Unless otherwise provided in the Challenge details, all Awards are a one-time offer and there is no offer of licensure, royalty, or other financial compensation implied beyond the initial Award.
If a team earns a monetary Award, the total dollar amount of the prize will be divided evenly between team members of the respective winning Entry and will be in US Dollars
To the extent that the Award is a qualified scholarship, qualified scholarships are treated as tax-free amounts if all the following conditions are met: 1) Entrant is a candidate for a degree at an educational institution that maintains a faculty, curriculum and student body; and 2) Scholarships are used for tuition and/or fees required for enrollment, books, supplies, or equipment needed for coursework.
Plain English: If we pay you, you pay any required taxes. Not everyone will get an award. We will let you know if you win.
6. INTELLECTUAL PROPERTY RIGHTS
By participating in a Challenge, Entrant is not granting any rights in any patents or pending patent applications related to the technology described in the Entry; provided that by submitting an Entry, Entrant is granting the Stratasys certain limited rights as set forth herein. Prior to acceptance of the Award, Entrant is free to discuss the Entry and the ideas and technologies it contains with other parties and Entrant is free to contract with any third party.
By submitting an Entry, Entrant grants to Stratasys the right to review the Entry, to describe the Entry in connection with any innovations created in connection with a Challenge and to have Stratasys and their designees review the Entry.
By accepting a prize, Entrant (a) agrees to and does hereby grant to Stratasys and its designees a worldwide, non-exclusive, sub-licensable, transferable, fully paid up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works rom, publically perform, publically display, digitally perform, make, have made, sell, offer for Sale and import the Entry and to develop or have developed the technology described in the Entry, in any media now known or hereafter developed for any purpose whatsoever, commercial or otherwise, without further approval by Entrant (“License”) and (b) represents that Entrant has the unrestricted right to grant the License.
Entrant agrees that nothing herein grants Entrant a right or license to use any names, trademarks or service marks of Stratasys, or any other intellectual property or proprietary rights of Stratasys. Entrant grants to Stratasys the right to include its company or institution name (if Entry is from a company or institution) as an Entrant on the website and in other physical and technological materials Stratasys announcing winners or prospective winners of a Challenge. Other than these uses or as otherwise set forth herein, Entrant is not granting the Stratasys any rights to its trademarks.
Stratasys shall have the right to remove any content from the website in their sole discretion at any time and for any reason, including, but not limited to, any online comment or posting related to a Challenge.
Plain English: You are entering the Challenge so that Stratasys can use your creative ideas. You don’t get rights to use Stratasys’ ideas or property, creative or otherwise.
7. LIMITATION OF LIABILITY
By participating in a Challenge, Entrant agrees to release, indemnify and hold harmless Stratasys, and their respective affiliates, subsidiaries, advertising and promotions agencies, as applicable, and each of their respective agents, representatives, officers, directors, shareholders, and employees (collectively, “Entities”) from and against any injuries, losses, damages, claims, actions and any liability of any kind (including attorneys’ fees) resulting from or arising out of Entrant’s participation in, association with or submission to a Challenge (including any claims alleging that the respective Entry infringes, misappropriates or violates any third party’s intellectual property rights). In addition, Entrant agrees to waive all claims against Stratasys, except in the case of willful misconduct, for any injury, death, damage, or loss of property caused by Stratasys. Parties are not responsible for any miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software or virus, or incomplete, late or misdirected Entries. Entrant waives all rights to seek injunctive or equitable relief, or to claim punitive, incidental or consequential damages, or attorneys’ fees from Stratasys.
Any compromise to the fair and proper conduct of a Challenge may result in the disqualification of an Entry, termination of a Challenge, or other remedial action, at the sole discretion of Stratasys. Stratasys reserves the right in its sole discretion to extend or modify the requirements, criteria or dates of a Challenge. Stratasys reserves the right to change this Agreement at any time.
Plain English: You are responsible for what you submit. If someone sues us because of what you provided, we will look to you to make it right. You won’t sue us because you entered into a Challenge. Again, you won’t sue us.
8. NO OBLIGATION
Entrant acknowledges that multiple participants may submit Entries that contain concepts or technologies similar to Entrant’s Entry and that Stratasys or their subsidiaries and business partners may already be investigating or developing technical solutions or business activities that are related or similar to those that are disclosed in any Entry. Entrant acknowledges and agrees that any actions or omissions of Stratasys with respect to another entry or one of its own solutions or business activities, even if similar to Entrant’s Entry, shall not create in Stratasys, as applicable, any liability to Entrant or others. Further, Stratasys is not and shall not be restricted in any way from pursuing, developing, or commercializing, in any way that the Stratasys, as applicable, sees fit, independent of Entrant and at the Stratasys sole discretion, any technology that is created independent of Entrant’s Entry. For the avoidance of doubt, Entrant acknowledges that none of the Stratasys are obligated to take any action whatsoever with regard to an Entry.
Plain English: Your idea might not be all that original. Don’t be mad if someone (including Stratasys) is already working on it or plans to work on it.
If one or more provisions of this Agreement are held to be unenforceable under applicable law, the Parties agree to amend such provision in order that it will comply with law to the extent that it remains closest to the original intention of the Parties.
Plain English: If one part of this Agreement is a bad idea, the rest still remains.
10. GOVERNING LAW AND SETTLEMENT OF DISPUTES
This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the Parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of Minnesota, without giving effect to principles of conflicts of law.
Plain English: Totally serious. If you want to sue us, come to Massachusetts.
Entrant may not transfer or assign this Agreement or any rights or obligations hereunder without the express written consent of the Parties.
Plain English: You gave us the entry; we look to you for details. If you want to give it away, ask for our permission.
Headings of sections and Clauses of this Agreement are meant for the convenience of reference and for simplifying of reading of the text. The referred headings shall have no legal meaning for the performance and interpretation of this Agreement.
Plain English: The headings are not plain English. Think of them as decoration for the paragraph.
13. WAIVER AND DELAY
No delay in performing an obligation or in exercising any right under this Agreement shall mean exemption of such obligation or waiver of such right, nor will separate or partial performance of any obligation or exercise of any right exclude further performance of such obligation or further exercise of such right unless the context otherwise requires. Failure to enforce any provision of this Agreement by a Party shall not constitute a waiver of any term hereof by such Party.
Plain English: Just because someone got away with it once, doesn’t mean they can get away with again.
Plain English for the Plain English: The real legal stuff is not in the Plain English, it’s in the not-so-Plain-English part. Make sure you get the whole contract not just the simple stuff. We recommend you talk to a friend to get the full understanding of the terms – providing that friend is a lawyer.