AT&T MIXED REALITY HACKATHON
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE ENTRANT’S CHANCES OF WINNING.
- VOID WHERE PROHIBITED BY LAW.
- THIS IS A SKILL-BASED CONTEST.
- AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
- ENTRANTS MUST BE ABLE TO ATTEND THE AT&T MIXED REALITY HACKATHON ON NOVEMBER 9 – 11, 2018, HELD IN SAN FRANCISCO, CALIFORNIA, TO BE ELIGIBLE FOR PRIZE.
- ENTRANTS MUST USE THE MAGIC LEAP ONE, WHICH SHALL BE PROVIDED BY AT&T, TO DEVELOP THEIR TECHNOLOGY.
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, CONTESTANTS (DEFINED BELOW) AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- DESCRIPTION OF THE CONTEST: The AT&T Mixed Reality Hackathon (“Contest”) is designed to encourage developers, designers, and creators to innovate with groundbreaking technological innovation in mixed reality and spatial computing (as applicable) (the “Technology”) within the category/industry of their choice. Prizes will be awarded to the three (3) best entries submitted on-site during the Hackathon (defined below), regardless of category. Bonus kicker prizes: (If available), a (“Kicker Prize(s)”) will be awarded to the best entry/entries submitted that meet the criteria for each Kicker Prize, as described on the Website, in these Official Rules, or through any other method provided by Sponsor. Winning submissions will be as determined by the Judges (defined below) in accordance with the Judging Criteria below and these Official Rules and are subject to verification.
- ELIGIBILITY: This Contest is open only to persons who are legal residents and physically located in one (1) of the fifty (50) United States or District of Columbia and who are at least eighteen (18) years old at time of entry (except Alabama and Nebraska residents must be at least nineteen (19) years old at time entry and Mississippi residents must be at least twenty-one (21) years old at time of entry). Persons who are any of the following are not eligible to participate or win the prize offered: (a) employees, officers, or directors of AT&T Mobility, LLC (“AT&T” or “Sponsor”), Magic Leap, Inc. (“Magic Leap”), Sponsor’s parent company and affiliate and subsidiary companies, participating advertising and promotion agencies; and (b) immediate family members (defined as parents, children, siblings and spouse, regardless of where they reside) and/or those living in the same household (defined as those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not) as any person in (a) above.
Limit one (1) entry per person. Entries may be submitted by an individual or a team composing of multiple individuals. Each individual member of the team must meet the eligibility requirements set forth herein. The term “Entrant” as used in these Official Rules refers to an individual Entrant, each eligible individual on the team and/or the team that submits an entry. One (1) person can enter only once in the Contest, whether as an individual or as part of a team. If an entry is submitted by a team, the team must designate one individual member of the team as the Team leader. The Team leader shall be responsible for submitting the entry on behalf of the team, designating all members of the team with the entry submission and corresponding with the Sponsor when applicable. If one (1) team member fails the eligibility requirements as described in these Official Rules, then the team’s submission will be disqualified at Sponsor’s sole discretion. However, in the event one (1) team member is ruled ineligible, the remaining eligible team member(s) may re-enter the Contest using a new and different submission provided the Entry Period is still open. Team members may only submit one (1) submission; other submissions submitted by team members in their individual capacity will be disqualified. If, at any time during the Contest, any team member elects to voluntarily end his or her participation in the Contest, the remaining team member(s) may continue on in his or her individual capacity using the team’s submission, provided that the remaining team member secures all necessary permissions and rights from the departing team member. Each team member shall be deemed to have jointly and severally made and entered into all of the representations, warranties and agreements contained herein and shall be jointly and severally obligated and bound thereby. Except as otherwise expressly set forth herein, all of the Sponsor’s rights pursuant to these Official Rules relate to and are exercisable against each team member. In the event a dispute between team members cannot be sufficiently resolved, Sponsor may disqualify the team in its sole discretion. In the event of a dispute where a given submission is deemed to have been submitted by two (2) or more separate Entrants or teams, without limiting Sponsor’s rights and remedies, the Entrant or team that first submitted the submission will be deemed the proper Entrant for this Contest. In the event of any dispute regarding the identity of an Entrant, the relevant submission will be deemed submitted by the email account holder used to enter the Contest. Void where prohibited by law.
- HOW TO ENTER: To enter this Contest, first visit https://attmixhack18.devpost.com (“Website”) and create an account for the Devpost platform. Once you create an account, complete the application as described in these Official rules and on the Website between September 25, 2018 at 9:00 a.m. Pacific Time (“PT”) and October 22, 2018 at 4:59 p.m. PT (“Entry Period”). Sponsor’s designated clock is the official time clock of the Contest. Entry application must include full and accurate contact information for Entrant (including all members of team if entering as a team) and a written description of your Technology (“Written Description”). Each entry must comply with the Submission Guidelines as set forth below.
A submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Website and in these Official Rules. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the Entrant.
In the event of a dispute as to the identity of any Entrant who submits an entry, the entry will be deemed submitted by the account holder of the email or other account (e.g., Facebook) from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an email address or username by the entity responsible for assigning it (e.g., Yahoo or Gmail). Winners may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.
- SUBMISSION GUIDELINES: In addition to the provisions set forth herein, each entry must also comply with the following guidelines or will be subject to disqualification (“Submission Guidelines”):
- Written Description, application, and free response questions on the Website must be in English.
- Entry must be submitted with the following information: Entrant’s (including each team member's) full name, email address, physical address, and country of residence.
- During the Entry Period, submissions cannot be displayed or distributed except by us and you must maintain all rights, without third party obligations, to transfer your submission to us if you are selected as a winner.
- Entrants must be able to attend the AT&T Mixed Reality Hackathon taking place in San Francisco, CA on November 9 – 11, 2018, (The “Hackathon”).
- In addition to the requirements set forth above, each entry must comply with the following:
- The entry must be the Entrant’s original work and created solely by the Entrant (except with respect to the use of any AT&T enabling technologies such as mobile, WiFi, Satellite and wireline technology, as applicable). Further, the entry must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any third party person or entity.
- The entry must not contain any content or material that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, violent, racist, derogatory of any ethnic, racial, gender, religious, professional or age group or otherwise inappropriate or objectionable, as determined by the Judges and/or Sponsor in their sole and absolute discretion.
- The entry must be the Entrant’s original work and created solely by the Entrant (except with respect to the use of any AT&T enabling technologies such as mobile, WiFi, Satellite and wireline technology, as applicable). Further, the entry must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any third party person or entity.
- The entry must not contain any personally identifiable information of any person other than the Entrant. Should the Entrant include personally identifiable information about him/herself in the entry, Entrant acknowledges and agrees that such information may be disclosed publicly and Entrant is solely responsible for any consequences thereof.
- The entry must not contain any commercial content or logos of any entity other than Sponsor.
- Entries cannot and will not promote any activity that is unsafe, hazardous, dangerous or prohibited by law. The Judges and/or Sponsor reserve the right to disqualify at any time, any entry that they determine, in their sole and absolute discretion does not meet the requirements of the Official Rules or is inappropriate for any reason. Proof of submission does not constitute proof of receipt.
- No background artwork should appear in the submissions unless it is an original work of the Entrant. Any artwork, murals, etc. that can be seen in submissions must be created solely by the Entrant or Entrant must be the sole owner of all copyright interests therein.
- Submissions may only include original music created and performed solely by Entrant (i.e., songs must be composed, lyrics written and performed by Entrant) or include music that entrant has the rights and permission to use. Submissions that include any other songs or recordings are inappropriate and will be subject to disqualification.
- The Entrant must have all rights, clearances, permissions, approvals and/or consents necessary for their submission, including, but not limited to, music rights, releases from all persons appearing in the submission, location releases for all recognizable locations, and releases from who participated in production of the submission. In the event that an Entrant does not have the appropriate rights, the submission may be disqualified in the Sponsor’s sole discretion. In the event of such a disqualification, Entrant may edit and resubmit the submission, provided that the Entry Period is still open
- If selected to attend the Hackathon for Round 2, Entrants must follow additional Round 2 Hackathon Requirements defined below:
- Round 2 will be held in-person at the Hackathon. Each Round 2 participant will be required to program their Technology at the Hackathon. Entrants may bring their own pre-existing code and development resources to the Hackathon (“Pre-existing Code”), however, the Pre-existing Code may not make up more than 25% of the Technology. Teams may be asked to indicate if they used Pre-existing Code for their Technology and describe its function.
- Each team will be provided a Magic Leap One device to use in their project. The Magic Leap One is a mixed reality headset comprised of three parts: wearable glasses, a wearable computer and a handheld controller, (the “Magic Leap One”). Entrants must use all three parts of the Magic Leap One in the development of their Technology.
- Contest key dates:
- Round 1 Individual/Team idea application period: September 25, 2018, 9:00 AM PST – October 22, 2018 5:00 PM PST
- Round 1 Advancement Notification: October 29, 2018 – November 2, 2018
- AT&T Mixed Reality Hackathon Event Weekend: November 9, 2018 – November 11, 2018
- Round 2 Project Judging: Will occur onsite at the Hackathon on Sunday, November 11, 2018.
- JUDGING: After the conclusion of the Entry Period, all entries will be judged by a panel of experts (“Judges”) based on the following judging criteria (the “ Judging Criteria”), with each Judging Criteria equally weighted:
- Past experience with Mixed Reality and/or Spatial Computing development or design
- Originality of Technology idea
- Feasibility of Technology idea to be created in the time allotted for the Hackathon.
- Ability to clearly articulate to the Judges what your Technology does;
- Originality of the idea;
- Design and polish of the Technology.
Based on the total score the Judges assign to each submission using the Judging Criteria in Round 1, thirty (30) Entrants will advance to Round 2. If there is a tie after the Judges apply the Judging Criteria, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to break the tie and determine the finalist(s).
- JUDGING PROCESS:
- All eligible entries submitted during the Contest will be judged by a panel of Judges who will evaluate and vote the eligible entries based on the Judging Criteria.
- Sponsor will notify Round 1 Entrants if they have advanced to Round 2 in the time period outlined above. Entrants have 48 hours to reply to Sponsor from the time Sponsor first attempts to contact Entrant, informing Sponsor of their intent to attend and participate in Round 2. If Sponsor does not hear from Entrant within 48 hours of sending the notification, Sponsor will give the Round 2 spot to the next highest scoring Entrant.
- For Round 2 judging, entrants will be asked to present, verbally or in writing, their submission project to the Judges. Sponsor reserves the right to conduct the judging procedure in accordance with such schedule as determined by Sponsor in its discretion. Failure to participate accordingly will result in forfeiture of the chance to compete for a prize.
- After the Round 2 judging, Judges will assign scores to each submission using the Judging Criteria. Based on the judging scores, prizes will be awarded to the top scoring teams.
- In the event of a tie, a new Judge or Judges assigned by Sponsor will judge the tied entries according to the same Judging Criteria. The Judges/Sponsor reserve the right to terminate the Contest and not to award any prizes, if in their sole and absolute discretion, they do not receive a sufficient number of eligible or qualified Entries for the Contest. Decisions of Judges are final and binding.
- Kicker Prize Judging: if applicable, after the Round 2 judging, kicker prize judges will assign scores to each submission that meets the Kicker Prize eligibility. The team with the highest eligible Kicker Prize score will be announced as the winner of the Kicker Prize.
- Winners will be announced at the Hackathon on November 11, 2018. Entrants must be present to win.
Failure to attend the Hackathon and Round 2 judging will result in forfeiture of the chance to compete for the prize. Sponsor reserves the right to conduct Round 2 judging in accordance with such schedule as determined by Sponsor in its discretion. Failure to participate accordingly will result in forfeiture of the chance to compete for the prize.
Each Entrant and all the entries are subject to validation at any time by Sponsor and/or the Judges, whose decisions are final and binding in all respects. Entrants may be asked to sign additional documentation before being declared official winners.
- PRIZES AND APPROXIMATE RETAIL VALUE:
WINNING PRIZES AND APPROXIMATE RETAIL VALUE:
Best Overall Hackathon Project, 1st prize: $5,000
Best Overall Hackathon Project, 2nd prize: $3,000
Best Overall Hackathon Project, 3rd prize: $2,000
Prizes fulfilled with check or Amazon gift card, at Sponsor’s discretion. Gift Card subject to the rules found on the card.
TOTAL ARV OF ALL PRIZES: $10,000
In the event that a winning entry was submitted by a team, the Prize must be divided equally between team members. AT&T is not responsible for any disputes among team members concerning the prize or prize components. Only the stated number of prizes in these Official Rules will be awarded. All other expenses not specified herein are the responsibility of the winners. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. If an inadequate number of qualified winning Entries are received to award the prizes or some of the pries, Sponsor reserves the right to: (a) not award any prize to any entry; or (b) award fewer than the number of prizes stated above.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with his/her prize(s), the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a winner engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize, including ending a trip (if applicable) or other applicable experience early. Entrants selected to attend Round 2 at the Hackathon must arrange to attend the Hackathon at their own expense. All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winner(s) will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used. The ARV of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited.
- INTELLECTUAL PROPERTY MATTERS: With the exception of the use of any AT&T materials or the Magic Leap One, the intellectual and industrial property rights to each entry, including the application and code, if any, will remain with the Entrants. Notwithstanding the foregoing, and as a condition of participation in the Contest, Entrant, upon submission of his/her/their submission to the Contest, irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the submission, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Entrants or any third party, except for the awarding of the prize to the winner in this Contest. Entrants agree that during the Entry Period, they shall not make, and shall not permit, any other public use, display or distribution of the submissions, and they shall maintain all rights without encumbrances so that, if Sponsor desires, Entrants can assign all rights in and to submissions if selected as a Finalist/winner. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of submissions, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the submissions submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with submissions submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a winner, Sponsor may request that the Entrant’s submission, and any rights therein, be assigned to Sponsor and Entrants may be required to confirm such assignment by completing and submitting the Affidavit and Release (and any other documents reasonably required by Sponsor) or such Entrant will otherwise be disqualified from receiving his/her prize(s). In addition, Magic Leap will have the perpetual, royalty-free, worldwide, right to use the Technology, and all images, text and materials included or depicted therein (if any), in any medium (including on Magic Leap’s websites and social media channels) for promotional purposes. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of submissions and are not obligated to use any submission. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the submissions submitted. All submissions that are posted on the Website or elsewhere are available to be viewed by anyone with access to the Internet.
- CONDITIONS OF PARTICIPATION: Sponsor reserves the right to substitute a prize for an item of equal or greater value in the event all or part of a prize becomes unavailable. Prizes are awarded without warranty of any kind from Sponsor, express or implied, without limitation, except where this would be contrary to federal, state, or local laws or regulations. Submission of entry into this Contest deems that Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. Return of any prize/prize notification may result in disqualification and selection of an alternate finalist, finalist or winner, as applicable and if time permits. Potential finalists, finalists and prize winners may be required to sign and return an Affidavit and Release at any time thereafter (as requested by Sponsor and/or Magic Leap) as a condition to receiving the prize. Failure to comply with this requirement may result in Hackathon and Entrants’ participation therein by any means, including by taking photographs, video/film recordings, and/or sound recordings. By participating, each Entrant consents to such activities and grants Sponsor, Magic Leap, and their agencies permission to use, in perpetuity and by any means, the results of such activities for Sponsor’s and Magic Leaps's advertising and promotional purposes without additional compensation, unless prohibited by law. Entrant’s participation and services in connection with such activities shall be deemed a work-made-for-hire for AT&T, as such term is understood in copyright law. In addition, acceptance of any prize constitutes permission for, and winners’ consent to, Sponsor, Magic Leap, and their agencies, and their respective successors, assigns and licensees, to use a winner’s name, photograph, biographical information and/or likeness and entry in any all forms of media and by any and all means (now and hereafter known), throughout the world, in perpetuity, for any purpose, including, without limitation, for advertising and promotional purposes, without any obligation, notice or additional compensation, unless prohibited by law. To the extent permitted by law, Entrants agree to hold Sponsor, Magic Leap, and their respective parents, subsidiaries, agents, directors, officers, employees, representatives and assigns harmless from any injury or damage caused or claimed to be caused by participation in the Contest (including, without limitation, participation in the Second Round and Final Round, any rehearsals, any related travel/lodging), and/or use or acceptance of any prize won. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. An Entrant may be prohibited from participating in this Contest if, in the Sponsor’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of this Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, the Sponsor or associated agencies. If Entrant is a team, and Sponsor determines, in its sole discretion, that any single team member has attempted to undermine the legitimate operation of this Contest, all members of such team may be disqualified, as determined within Sponsor’s sole discretion. Due to the unique nature and scope of this Contest, Sponsor reserves the right to alter or modify these Official Rules at any time. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. The Released Parties (defined below) are not responsible for any changes or unavailability of the social media platform or website used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform or website for the Contest as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices or communicate with Sponsor via the social media platform or website, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR, AND ADMINISTRATOR IF APPLICABLE, RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITED BY LAW. THE GEORGIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF GEORIA SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THESE COURTS.
- ARBITRATION/DISPUTE RESOLUTION:
11.1 By entering this Contest, you and AT&T agree to arbitrate all disputes and claims arising out of or relating to this Contest, whether directly or indirectly. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before entry into the Contest (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of the Entry Period.
For purposes of this Section 11 only, references to “AT&T,” “you,” “your” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of these Official Rules. Notwithstanding the foregoing, either party may bring an individual action in small claims court. In addition, either party may arbitrate in accordance with the terms of any other arbitration agreement between us; this arbitration agreement does not supersede other such agreements. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or any state agency that regulates Contest. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering this Contest, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. These Official Rules evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Official Rules.
11.2 A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office of Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at http://www.att.com/arbitration-forms.
11.3 After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Official Rules, and will be administered by the AAA. The AAA Rules are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at http://www.att.com/arbitration-information.) The arbitrator is bound by the terms of these Official Rules. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
11.4 If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:
- pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
- pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
11.5 The right to attorneys' fees and expenses discussed in paragraph 11.4 supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.
11.6 The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
11.7 Notwithstanding any provision in these Official Rules to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) while these Official Rules are in effect, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
- ELIMINATION: Any false information provided within the context of the Contest by any Entrant concerning identity, postal address, telephone number, ownership of right or noncompliance with these rules or the like may result in the immediate elimination of the Entrant from the Contest. If Entrant is a team, and any single team member provides such false information, Sponsor reserves the right to disqualify the entire team. Sponsor further reserves the right at any time, including after announcement of winners to disqualify any entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these Official Rules.
- WARRANTY AND INDEMNITY: Entrants certify that their entry is original and that they have the right to submit the entry in the Contest. Each Entrant agrees not to submit any entry that: (1) infringes any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; (2) includes any personally identifiable information; or (3) otherwise violates applicable law. To the maximum extent permitted by law, each Entrant agrees to release, discharge and hold harmless Sponsor, Magic Leap, and each of Sponsor’s and Magic Leap's respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrant’s participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing, Entrant agrees that Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prize(s), including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prize(s) provided in connection with the Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Neiter Sponsor nor Magis Leap is responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified Sponsor and Magic Leap at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which Sponsor or Magic Leap will or may become liable by reason of or related or incidental to any act, default or omission by an Entrant under these Official Rules including without limitation, resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these official rules by an Entrant.
- SIMILAR MATERIALS: Contestants acknowledge that Sponsor and Magic Leap each engages, has engaged and will in the future engage in the development, preparation, production, acquisition and dissemination of creative, educational, artistic and other material (collectively, the “Materials”), including without limitation Materials that are similar or identical to the Technology. Contestants also acknowledge that other persons, including employees of Sponsor and Magic Leap, may previously have originated and may hereafter originate Materials that are similar or identical to the Technology. Contestants agree that they will not be entitled to any compensation because of the use by Sponsor or Magic Leap of any such similar or identical material. Without limitation of the foregoing, Sponsor or Magic Leap may use, without any payment or other obligation whatsoever to any Entrant, any part of the Materials, and any idea or concept contained therein, that: (a) is similar or identical to, or contains significant elements encompassed in, a concept that is under consideration or in development by Sponsor before or at the time of entry, (b) is not unique, novel, original, and concrete so as to be entitled to protection under applicable laws, (c) has been made public by anyone at the time of its submission to Sponsor or otherwise is in the public domain, (d) would be freely usable by a third person if it had not been accepted as a submission or the subject of any agreement, (e) is not protected by United States copyright law, or (f) is similar or identical to, or contains significant elements encompassed in, an idea, concept or material that is independently created by Sponsor or any third party. Contestants agree that Sponsor’s or Magic Leap's development, preparation, production, acquisition, dissemination and/or exploitation of Materials similar or identical to the Technology or containing features, ideas, material and/or elements similar to or identical with those contained in Technology shall not entitle any Entrant to any compensation or other right or remedy. As an inducement to Sponsor to accept each submission for entry into the contest, contestants hereby waive any claim or right of action against Sponsor, Magic Leap, or any of their successors in connection with the Sponsor’s or Magic Leap's use of any Materials (or any portions thereof) whether or not such Materials are similar or identical to a submission or contain any features, ideas, material and/or elements that are similar or identical to those contained in a submission. Acceptance by Sponsor of a submission is not an admission by Sponsor or Magic Leap of the novelty or originality of the submission.
- INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Sponsor is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Sponsor is not responsible for inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of the Sponsor. If for any reason the registration process of the Content is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor further reserves the right to disqualify any individual who tampers with the registration process.
- SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
- WINNERS’ LIST: For winners’ names, visit https://developer.att.com/blog on or about November 20, 2018 which shall available for a period of up to sixty (60) days.
- SPONSOR: The Sponsor of this Contest is AT&T Mobility, LLC, 1025 Lenox Park Blvd. NE Atlanta, GA 30319.
- NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
- DATES & DEADLINES / ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
- FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then Entrant agrees to sign the same upon Sponsor’s request therefor.