Terms

Moto Mods Developer Contest

Official Rules

 

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE.

 

1. Eligibility: The Moto Mods Developer Contest (the “Contest”) is open to: individuals who have reached the age of majority in the state or country of their residence. Employees, contractors, directors, officers, and agents of Motorola Mobility, LLC. (“Sponsor”), Indiegogo, Inc., and their parents, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Contest, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where the reside) and household of each such employee (whether or not related) are not eligible to enter or win.

 

This Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

2. Sponsor: Motorola Mobility LLC. 222 West Merchandise Mart Plaza Chicago, IL 60654.

 

3. Contest Entry Period: The Contest begins on January 9, 2018 at 12:01 am PST and ends on April 12th 2018 at 11:59 pm PST (the “Contest Entry Period”). All entries must be received before the Contest Entry Period end time/date to be valid.

 

4. How to Enter: During the Contest Entry Period, individuals or teams (up to four people) wishing to submit their Moto Mod ideas for consideration will need to submit an entry Submission at enterprise.indiegogo.com/motomods (the “Website”)and will be asked to include, among other items, specific information about their Moto Mod concepts including but not limited to contact information, a description of the idea, an explanation of how the idea uses the Moto Z modular platform, and the capabilities available to create the Moto Mod. Individuals who do not follow all of the instructions, provide the required information in their entry form, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified. Each Moto Mod concept requires a separate entry. Contest entries must comply with the Submission requirements set forth herein to be valid. As used herein, “Submission” refers to all materials and information you submit in connection with the Moto Mod concept and Contest entry (including, but not limited to, any and all information related to you Moto Mod concept, including any pictures, images, videos, descriptions, writings, explanations, names, etc.). Sponsor reserves the right to remove any portion of the Submission that does not adhere to the Submission requirements, as determined in Sponsor’s sole discretion, and/or disqualify the entrant. Entries must be in English. By entering the Contest, you hereby warrant and represent that your Submission conforms to the Submission Requirements set forth herein. All entrants consent to be contacted by the Sponsor, or its agents or representatives acting on its behalf.

 

Individuals who do not follow all of the instructions and/or abide by these Official Rules or other instructions of Sponsor may be disqualified.

 

Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion.

 

5. Submission Requirements: Entrants represent and warrant that their Submission is the original work of such entrant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and that publication or use of the Submission will not infringe on the rights of any third party. Each entrant will indemnify and hold harmless Released Parties (defined below) from any claims to the contrary. Any entrant whose Submission includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such content, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a Finalist.

 

BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY AND SUBMISSION MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. By entering the Contest, you grant Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, and publicly perform the Submission in any way, in any and all media, without limitation, and without consideration to the entrant.

 

Any Submission by you must conform to the additional requirements set forth herein:

• Submissions must comply with these Official Rules and any Terms of Service on the Website (if any);
• Submissions uploaded through the Website must be in digital format and must comply with the posting requirements set forth above and as posted on the Website;
• Submissions cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
• Submissions cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Submissions cannot be obscene or offensive, endorse any form of hate or hate group;
• Submissions cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
• Submissions cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
• Submissions cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest.       Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor;
• No background artwork should appear in a Submission unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Submission must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
• Submissions cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
• Submissions cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
• Submissions cannot depict any illegal activity, and cannot itself, be in violation of any law.

 

Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest Submission requirements set forth herein in its reasonable discretion.

Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her Submission which fails to comply with the Contest entry requirements prior to any judging or voting period.

 

6. Judging/Winner Notification:

 

Phase One—All eligible entries received prior to April 12, 2018, will be judged by a panel of judges on their originality/innovativeness, commercial viability and overall use of the Moto Z modular platform. Weighting criteria for judging includes:

1. Originality and innovativeness (0-33 points)
2. Commercial viability (0-33)
3. Overall use of the Moto Z modular platform (0-34 points)

Eligible entries receiving a total of 75 points or more will be considered a potential winner, and upon verification of eligibility, will deemed a “Qualified Finalist”, and receive a Qualifying Entry Prize and move on to Phase Two of the Contest. If a potential winner does not respond to Sponsor’s request to verify eligibility within three (3) business days from the first notification attempt, then the potential winner will be disqualified.

 

Phase Two—All Qualified Finalists will launch a Campaign on Indiegogo.com starting between January 9, 2018 and ending April 12, 2018 in accordance with and subject to all the applicable terms and conditions of Indiegogo.com. Qualified Finalists are solely responsible for all of their own expenses relating to the entry, creation of Indiegogo campaigns and fulfilling any and all offerings related to running an Indiegogo campaign.

 

On or about April 13, 2018, all Qualified Finalists will be judged by a panel of judges on their originality/innovativeness, commercial viability, overall use of the Moto Z modular platform, and the success of their Indiegogo campaign. Weighting criteria for judging includes:

1. Originality and innovativeness (0-25 points)
2. Commercial viability (0-25)
3. Overall use of the Moto Z modular platform (0-25 points)
4. Success of their Indiegogo campaign (0-25 points)

In the event of a tie, the entry with the highest score for criteria #4 will be deemed the potential winner, provided that in the event of another tie, the entry with the highest score for criteria #3 will be deemed the potential winner, provided that in the event of another tie, the entry with the highest score for criteria #2 will be deemed the potential winner.

On or about April 23, 2018, the ten (10) Qualified Finalists that receive the highest score will be notified via email that they are a potential winner of a Grand Prize. If a potential winner does not respond to the notification attempt within three (3) business days from the first notification attempt, then the potential winner will be disqualified.

Potential winners are subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion.   In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will be selected in a manner deemed fair and equitable by Sponsor. Winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within ten (10) business days of attempted notification or prize may be forfeited.    Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.

 

7. Prizes: The number of Qualifying Entry Prizes will be determined by the number of Qualified Finalist entries received in Phase One, and ten (10) Grand Prizes will be awarded to winners determined in Phase Two, in accordance with these Official Rules. Qualifying Entry Prize winners will each receive a Moto Mod Developer Kit, and Moto Z phone. Approximate Retail Value: $1,000.00.  Ten (10) Grand Prize winners will each receive a trip for two (2) to Chicago to present their Moto Mod ideas to Motorola’s Moto Mod executive development team on or about the second half of May 2018. Grand Prize includes roundtrip coach-class air transportation for two (2) from an airport in the continental United States nearest winner’s home (determined by Sponsor in its sole discretion) to Chicago, IL (in the event winner is flying from outside the US, they will receive up to a $1,000 credit toward their ticket); single room (double occupancy) hotel accommodations (determined by Sponsor in its sole discretion) for 1 night. All meals, taxes, gratuities and other expenses not specified herein are the sole responsibility of the winner. Approximate Retail Value: $1,300.   Approximate Retail Value is as of date of printing of these Official Rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. Please allow 4-6 weeks for shipment of prize after confirmation.

 

8. Release: As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, and agents, Indiegogo, Inc. , and each of their officers, directors, employees and agents (“Released Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.

 

9. Ownership: You retain ownership of all intellectual property rights in the Submission including any associated copyrights, trademarks, and/or patents that you may hold. Sponsor receives only those rights and licenses to such intellectual property that are expressly granted herein. By entering a Submission, you agree that your Submission is gratuitous and is made without restriction, and that accepting such Submission places Sponsor under no obligation to you, other than to conduct the Contest as described herein. You further agree that Sponsor is free to use your Submission for any purpose whatsoever, including any ideas, concepts, know-how, techniques, or intellectual property which may be disclosed therein, and to disclose any content contained in the Submission on a non-confidential basis to anyone. You acknowledge and agree that Sponsor may receive information, ideas or concepts from others that may be similar to those contained in your Submission, or may itself be developing or in the future develop information, ideas or concepts similar to those in your Submission. Nothing in these Terms shall be construed as a representation that Sponsor will refrain from such separate concept development. With respect to your Submission and any information, ideas, concepts, innovations, modifications, improvements or other materials contained in your Submission, you hereby waive any claim, action, and/or suit (collectively, “Claims”) against Sponsor, its affiliates, subsidiaries, distributors, customers, vendors, promotional partners, including Indiegogo, and/or licensees, and/or their respective officers, directors, employees, agents, and/or assigns, relating to any alleged use or misappropriation of any materials contained in your Submission.

 

10. Publicity: Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor, Indiegogo, Inc, and those acting under their authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.

 

11. General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor may award the prizes from among all eligible, non-suspect entries received prior to cancellation in a manner deemed fair and equitable by the Sponsor. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

12. Binding Arbitration: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 

BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 8(B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.

 

13. Governing Law & Jurisdiction: This Contest and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Illinois, in the City of Schaumburg.

 

14. Entrant’s Personal Information: Please see the privacy policy located at http://www.motorola.com/us/legal/privacy-policy for details of Sponsor’s policy regarding the use of personal information collected in connection with this Contest. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.

 

15. Winner’s List: For a list of winners, mail a self-addressed, stamped envelope to:

 

Motorola Mobility LLC
Attn: Stephen McDonnell

222 W. Merchandise Mart Plaza, Suite 1800
Chicago, Illinois 60654 USA

 

Requests must be received by April 23, 2019.