ModCon Contest
Last Modified: November 14, 2023
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. The ModCon Contest (the “Contest”) is sponsored by Modular Inc., having an address of 228 Hamilton Ave, Palo Alto, CA 94301, USA (“Modular”).
1. ELIGIBILITY
Subject to these Official Rules, the Contest is open to contestants who are at least 18 years old as of the date of entry. Employees of Modular, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and their immediate family members or household members are not eligible to participate in or win the Contest. This contest is void where prohibited or restricted by law, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements, that are not satisfied by these terms and conditions. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
2. ENTRY PERIOD
The Contest entry period begins at 12:00 PM (Pacific Standard Time) November 14, 2023, and shall conclude at 12:00 PM (Pacific Standard Time) on November 27, 2023, (“Entry Period”).
3. HOW TO ENTER:
No purchase or payment is necessary to participate in the Contest. During the Entry Period, post a link to your project at https://modul.ar/modcon-submit
Multiple entrants that submit the same content will be disqualified. Any late, lost, misdirected, incorrect or incomplete entries will be disqualified and Modular and its agents will not be responsible for such entries.
By submitting an entry, you agree that the code and any other information provided by you or collected by Modular in connection with the Contest may be used by Modular in accordance with Modular’s Terms of Service and Privacy Policy and may be shared with Modular’s affiliated business entities. All information submitted to Modular as part of an entry becomes the property of the Modular.
You hereby confirm that: the entry is your original creation; the entry was not copied (in whole or in part) from any other work without appropriate authorization; you have obtained a binding written release from (and signed by) every other person or copyright holder whose work forms part of your submission (or can reasonably demonstrate use of open source components), as necessary to grant Modular the rights provided herein; the entry does not infringe or violate any copyright right, trademark right, publicity right, privacy right or other proprietary right of any person or entity (including without limitation, any property owner); and Modular will not be obligated to pay any compensation to, or permit any participation by, any third party in connection with the use, publication, distribution or exploitation of any entry.
4. PRIZES
The winner will be awarded prizes totalling less than $300 USD, with potential opportunities to post on the official Modular blog about their project. Other finalists and contestants may receive prizes totalling less than $100 USD.
Decisions of the Modular panel are final and binding with respect to all matters related to the Contest. In no event shall Modular be obligated to award any prizes other than the Prizes specified in these Official Rules. The Prizes are non-transferable and no substitutions (including, without limitation, for cash) are permitted, except that Modular reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. Winners shall be responsible and liable for all federal, state and local taxes on the value of the Prizes, and any related shipping and handling charges. To receive a complete list of winners or a copy of the Official Rules, within six (6) months after the end of the Entry Period, send a self-addressed stamped envelope to 228 Hamilton Ave, Palo Alto, CA 94301, USA (“Modular”).
Please allow 1-2 weeks for delivery of Prizes.
5. PRIZE SELECTION AND JUDGING CRITERIA:
Three Judges shall review the eligible submissions and select a winning submission. The Judges shall base their decision on the following criteria:
- Functionality and overall usefulness of the project
- Quality of code
- Quality of documentation
The decision of the Judges is final and binding.
The Contest will be conducted under the supervision of the Modular. The decisions of Modular are final and binding in all matters relating to this Contest. Winners will be notified by email; provided, however, that Modular reserves the right to determine an alternate method of notification. Winners must claim their Prize within 2 weeks after the date of notification of such Prize. A Contest winner's failure to respond to the Prize notification within the specified 2 weeks will be considered such Contest winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries.
6. GENERAL CONDITIONS AND RELEASES
By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Modular, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Modular to be eligible for the Prize or an alternate winner will be selected. Winners may be required in Modular’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.
Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Modular deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list).
An entrant or winner may be disqualified from the Contest if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Modular. Participation in the Contest is at entrant’s own risk. Modular shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading any application or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof.
THE PRIZES ARE AWARDED “AS IS” AND MODULAR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, MODULAR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
You acknowledge and agree that the Contest is in no way sponsored, endorsed or administered by, or associated with any third party prize donors. By entering the Contest, you agree to and hereby do release and hold harmless Modular and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Modular reserves the right to modify these Official Rules in any way or at any time. Modular reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, Modular shall promptly post a notice on Modular’s website to such effect. This Contest shall be governed by California law, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in San Francisco, California, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Modular may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.