1. ACCEPTANCE OF TERMS
Registering for this challenge constitutes entering into a legal agreement (“AGREEMENT”) between you, the user (“TEAM MEMBER”), and DIYROCKETS, INC (“DIYROCKETS”) and Sunglass (“SUNGLASS”), collectively referred to as “the Parties.”
The purpose of this AGREEMENT is to establish the conditions for TEAM MEMBER, to qualify and participate in a technology challenge, specifically the Open Source Collaborative 3D Printed Rocket Engine Design Challenge (“CHALLENGE”) to be conducted in 2013, which is intended to promote innovation and cost-effectiveness in small payload delivery to low earth orbit through the development of open source collaboratively designed 3D printed rocket engines. These technologies will be beneficial to broader applications in the space industry and commercial, government, academic and citizen sectors.
The winners of the CHALLENGE will be selected by a panel of judges (the “JUDGES”), convened by DIYROCKETS and SUNGLASS, based on criteria listed in the 2013 Open Source Collaboratively Designed 3D Printed Rocket Engine Design Challenge Rules (“RULES”.)
DIYROCKETS has arranged for prizes totaling US $10,000 by SUNGLASS, plus non-monetary support worth up to US $500 total for all winners in printing from Shapeways, Inc (“SHAPEWAYS”) and minimum of one session of consulting per winner from the Silicon Valley Space Center, Inc. (“SILICON VALLEY SPACE CENTER”) for the CHALLENGE winners.
TEAM and TEAM MEMBER understand and agree that unless TEAM wins the CHALLENGE as determined by the JUDGES, TEAM will not receive payment of any kind for preparation of or for participation in the CHALLENGE.
CHALLENGE winners will be paid directly by SUNGLASS (and provided services directly by SHAPEWAYS and SILICON VALLEY SPACE CENTER), and DIYROCKETS will not be making any payments or services to any CHALLENGE winners.
Execution of this AGREEMENT indicates the willingness and intent of TEAM to participate in the CHALLENGE and to follow and abide by all the terms of this AGREEMENT and the RULES.
All interactions by TEAM regarding CHALLENGE will be directly with DIYROCKETS and SUNGASS. TEAM MEMBERS will communicate through a designated representative the (“TEAM LEADER”).
2 CHALLENGE DETAILS
The CHALLENGE is designed to promote the development of open source collaboratively designed 3D printed rocket engines to transport small payloads to low earth orbit.
The CHALLENGE will be conducted by DIYROCKETS and SUNGLASS. The prizes are provided by SUNGLASS, SHAPEWAYS and the SILICON VALLEY SPACE CENTER.
The TEAMS that best meet the judging criteria in the RULES and meet all other requirements in the AGREEMENT will win the CHALLENGE and are eligible to receive the stated prizes.
2.2 Challenge Rules
Refer to the RULES. These RULES may be amended by DIYROCKETS, INC and SUNGLASS.
The final interpretation of all RULES is at the discretion of DIYROCKETS, SUNGLASS and the CHALLENGE JUDGES. DIYROCKETS and SUNGLASS reserve the right to change the JUDGES or number of JUDGES involved in the CHALLENGE.
The CHALLENGE will be conducted from March 9, 2013 - June 1, 2013,11:59 PM PST unless extended at DIYROCKETS or SUNGLASS’s discretion. There are deliverables due at various stages of the CHALLENGE as outlined in the RULES.
2.4 Government Regulations and Licensing
By registering for this CHALLENGE TEAM MEMBER and TEAM are agreeing to comply with all U.S. laws, regulations and policies, including those relating to export control and nonproliferation, and the laws of relevant state, and local jurisdiction that pertain to or govern any activities conducted by TEAM MEMBER and TEAM in connection with the CHALLENGE.
This CHALLENGE is void where prohibited by law.
2.5 Eligibility to Participate
All TEAM MEMBERS that wish to participate in the CHALLENGE must register for the CHALLENGE as members of a team which is comprised as one or more team members (“TEAM”.)
TEAM MEMBERS and TEAM must comply with all terms of this AGREEMENT and the RULES of the CHALLENGE.
Each TEAM and TEAM MEMBER must identify the names and citizenships of all TEAM MEMBERS and assure that each TEAM MEMBER complies to the AGREEMENT and RULES, and indemnifies DIYROCKETS, SUNGLASS, SHAPEWAYS, SILICON VALLEY SPACE CENTER and their directors, staff, contractors and related entities for any costs, claims or damages from the acts or omissions of such TEAM MEMBERS.
A TEAM is comprised of one or more TEAM MEMBERS.
All TEAM MEMBERS shall be considered registered participants in the CHALLENGE.
The TEAM MEMBERS must designate a TEAM LEADER who is a registered individual TEAM MEMBER of their TEAM.
The TEAM LEADER shall serve as the TEAM’s sole representative in the CHALLENGE, shall be the TEAM’s administrative point of contact with DIYROCKETS and SUNGLASS, shall be responsible for ensuring all entry materials are submitted, for ensuring any changes of new TEAM MEMBERS after registration are approved by DIYROCKETS and SUNGLASS and shall have the authority to bind the TEAM and all TEAM MEMBERS in all matters relating to the CHALLENGE and the relationship between the TEAM and DIYROCKETS and SUNGLASS.
By registering each TEAM MEMBER is deemed to have executed this AGREEMENT and is committing itself, and TEAM, to be bound by all the terms of this AGREEMENT.
Further, by executing this AGREEMENT, the TEAM LEADER is representing that all TEAM MEMBERS have registered and that no one else will become a TEAM MEMBER after the registration period ends unless the new TEAM MEMBER has executed the AGREEMENT and been approved by DIYROCKETS and SUNGLASS. DIYROCKETS AND SUNGLASS may disqualify any TEAM if it discovers that an individual is participating in the CHALLENGE with such TEAM who has not complied with the foregoing requirements.
If a TEAM LEADER is unable to continue as TEAM LEADER due to death, debilitating illness, or other acts of God, then a new TEAM LEADER may be named, as long as that person agrees fulfill the duties to be a TEAM LEADER, and is otherwise eligible to be TEAM LEADER as required by this section. Proposed changes of TEAM LEADER are subject to approval by DIYROCKETS and SUNGLASS in their sole discretion.
All TEAM MEMBERS must be of legal age to form a binding contract under the laws of the United States and other applicable jurisdictions.
All TEAM MEMBERS must identify their names and citizenship. All TEAM MEMBERS or TEAMS who are citizens or residents of Cuba, Iran, North Korea, Sudan, or Syria may not enter this competition. U.S. export regulations prohibit the export of goods and services to Cuba, Iran, North Korea, Sudan and Syria. Therefore residents of these countries/regions are not eligible to participate.
All TEAM MEMBERS who are employees or interns of DIYROCKETS, SUNGLASS, SHAPEWAYS, the SILICON VALLEY SPACE CENTER, JUDGES or others involved in the execution or administration of the competition, or their immediate family members (parent, sibling, spouse, child) may not enter this competition.
To be eligible for the Prize, TEAM MEMBERS must be a on a TEAM.
By registering for the CHALLENGE, TEAM and TEAM MEMBERS agree to assume any and all risks and waive claims, whether in contract or tort, against DIYROCKETS, SUNGLASS, SHAPEWAYS, the SILICON VALLEY SPACE CENTER, their directors, staff, contractors and related entities, for any injury, death, damage, loss of property or revenue or profits, whether direct, indirect, or consequential, arising from its participation in a competition, whether such injury, death, damage or loss arises through negligence or otherwise, except in the case of willful misconduct.
2.7 Prize Payment
SUNGLASS will issue Prize payments to the TEAM LEADER of winning TEAM(s) no later than 60 days after the announcement of the winner(s) of the CHALLENGE and submission by such TEAM LEADER of information for Electronic Funds Transfer. SHAPEWAYS and SILICON VALLEY SPACE CENTER will also make their services available within a reasonable amount of time. Funds will be payable to the TEAM LEADER upon provision and acceptance of proof of citizenship. DIYROCKETS, SUNGLASS, SHAPEWAYS and SILICON VALLEY SPACE CENTER shall have sole discretion of acceptance of such proof as meeting eligibility requirements for the Prize.
Each TEAM MEMBER and TEAM acknowledges that DIYROCKETS, SUNGLASS, SHAPEWAYS and SILICON VALLEY SPACE CENTER shall only be obligated to make Prize payments to the TEAM LEADER. TEAM MEMBERS hereby acknowledge that any failure of the TEAM LEADER to make payments of any kind to TEAM MEMBERS is the responsibility of the TEAM LEADER, and not the responsibility of SUNGLASS, DIYROCKETS, SHAPEWAYS or the SILICON VALLEY SPACE CENTER.
2.8 Disclosure of Confidential Information
TEAMS AND TEAM MEMBERS understand that they will be sharing information with the public about the TEAM, TEAM MEMBERS, their technology designs and other information as part of the CHALLENGE including the open source component of the challenge.
3 SAFETY and ETHICS
DIYROCKETS and SUNGLASS reserve the right to deem any TEAM or individual TEAM MEMBER unsafe or unethical at any time and eliminate the TEAM or any individual TEAM MEMBER from the competition as their sole discretion.
4 GOOD SPORTSMANSHIP
TEAM and TEAM MEMBERS agrees that failure to refrain from unsportsmanlike conduct may result in TEAMS removal from participation in the CHALLENGE at DIYROCKETS and SUNGLASS’s discretion. Unsportsmanlike conduct includes but is not limited to derision of others, public release of misleading or inaccurate information about the CHALLENGE or other TEAMS or TEAM MEMBERS, and any attempt to delay CHALLENGE operations.
5.1 Use of Names, Trademarks and Insignias
TEAM or TEAM MEMBERS may not use the name, trademark or insignia of DIYROCKETS, INC, SUNGLASS, SHAPEWAYS, or the SILICON VALLEY SPACE CENTERS or their contractors, collaborators, or other related entities on its hardware and printed materials related to the participation of TEAM in the CHALLENGE without DIYROCKETS, SUNGLASS, SHAPEWAYS, SILICON VALLEY SPACE CENTER or their contractors, collaborators or related entities prior written consent. TEAM and TEAM MEMBERS agree that unauthorized use of such names, trademarks and insignias may result in removal from participation in the CHALLENGE.
5.2 Media Rights
TEAM retains all Media Rights related to the story of its participation in the CHALLENGE. TEAM agrees that DIYROCKETS, SUNGLASS, SHAPEWAYS and Silicon Valley Space Center will retain all Media Rights related to the story of the CHALLENGE.
Each TEAM MEMBER agrees to let DIYROCKETS, SUNGLASS, SHAPEWAYS and SILICON VALLEY SPACE ENTER to use the name and likeness, as well as video footage or sound recordings of such TEAM and TEAM MEMBERS (without charge) as may be reasonably required in connection with the media material prepared and distributed by DIYROCKETS relating in any way to the CHALLENGE.
DIYROCKETS and SUNGLASS may also use such materials for educational purposes, including in the DIYROCKETS program, the Open Space University.
5.3 Intellectual Property Rights
By registering for this competition, TEAMS and TEAM MEMBERS are agreeing that any materials shared or related to this competition will be open source. For the purpose of this competition, TEAM MEMBERS and TEAMS agree that all materials (including comments or feedback TEAM MEMBERS and TEAM provide on their own entries or others) will be licensed under Creative Commons Attribution CC BY. This license lets others distribute, remix, tweak, and build upon TEAM MEMBER and TEAMS work, even commercially, as long as they credit TEAM MEMBERS and TEAMS for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials.
Registering for this competition and executing this agreement means all TEAM MEMBERS and TEAMS fully understand the requirements of the Creative Commons Attribution CC BY as described in the Creative Commons materials. Full information is available at: http://creativecommons.org/licenses/
DIYROCKETS , SUNGLASS, SHAPEWAYS and the SILICON VALLEY SPACE ENTER do not pre-screen content, but reserve the right (but not the obligation) in their sole discretion to refuse or remove any content.
TEAM and TEAM MEMBERS shall defend DIYROCKETS, SUNGLASS, SHAPEWAYS and the Silicon Valley Space center against any claim, demand, suit or proceeding made or brought against them by a third party alleging that TEAM MEMBER and TEAMS content, or TEAM MEMBER and TEAMS use of the site infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify DIYROCKETS, SUNGLASS, SHAPEWAYS and the Silicon Valley Space Center from any damages awarded against, and for reasonable attorney’s fees incurred by, DIYROCKETS, SUNGLASS, SHAPEWAYS and the SILICON VALLEY SPACE CENTER in connection with any such claim, demand, suit or proceeding.
6 GENERAL PROVISIONS
6.1 Governing Law
The Parties designate United States Federal Law to govern this AGREEMENT for all purposes, including, but not limited to, determining the validity of the AGREEMENT, the meaning of its provisions, and the rights, obligations, and remedies of the Parties.
6.2 Acceptance and Removal
By executing this AGREEMENT, DIYROCKETS and SUNGLASS accept TEAM for CHALLENGE.
DIYROCKETS and SUNGLASS have the right to eliminate TEAM from the CHALLENGE at any time if TEAM fails to meet any material term of this AGREEMENT or the RULES.
Removal of the TEAM from participating in the CHALLENGE eliminates the possibility of TEAM winning the CHALLENGE.
TEAM agrees to abide by a decision for removal made by DIYROCKETS and SUNGLASS, without contest, legal recourse, or any other action of protest of the decision.
6.3 Effective Date
The Effective Date of this AGREEMENT is the later date on which the Parties execute this AGREEMENT.
6.4 Responsible Officers
The following are Responsible Officers (or their designee) for each party for purposes of providing periodic TEAM updated information, to coordinate planning of the CHALLENGE, and to perform other interfacing functions between TEAM and DIYROCKETS and SUNGLASS as necessary.
Co-founder and Co-President
6.5 Complete Agreement
This AGREEMENT hereto constitute the entire agreement between the contracting parties concerning the subject matter hereof. All prior agreements, discussions, representations, warranties and covenants are merged herein. There are no warranties, representations, covenants or agreements, expressed or implied, between the parties except those expressly set forth in this agreement. Any amendments or modifications of this agreement shall be in writing and executed by the contracting parties.
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
This AGREEMENT may not be assigned by TEAM to any party without the prior written consent of DIYROCKETS and SUNGLASS. DIYROCKETS and SUNGLASS may assign this AGREEMENT to its designated agent.
6.8 Insurance & Indemnification
TEAM agrees to obtain any and all insurance policies and coverage required by its local, state, or federal governments to conduct any and all activities related to or required by participation of TEAM, the TEAM MEMBERS, if any, in the CHALLENGE.
The TEAM and all TEAM MEMBERS agree to indemnify DIYROCKETS against third-party claims for damages arising from or related to CHALLENGE activities.
6.9 Waiver, Release, and Covenant Not to Sue
In consideration for the opportunity to compete in the CHALLENGE, TEAM and TEAM MEMBERS agree to assume any and all risks arising from or related to the CHALLENGE, waive all claims against, and covenants not to sue, whether in contract or tort, DIYROCKETS, SUNGLASS, SHAPEWAYS, the SILICON VALLEY SPACE CENTER, their directors, staff and their contractors and related entities, for any injury, death, damage, loss of property or revenue or profits, whether direct, indirect, or consequential, arising from its participation in the CHALLENGE, including preparation for the CHALLENGE and any advice received in connection with the CHALLENGE, whether such injury, death, damage or loss arises through negligence or otherwise, except in the case of willful misconduct.
TEAM also acknowledges that DIYROCKETS has entered into agreement with SUNGLASS, SHAPEWAYS and the SILICON VALLEY SPACE CENTER to pay and/or distribute the Prize and agrees that the obligation for payment of the Prize to declared winners belongs to SUNGLASS, SHAPEWAYS and the SILICON VALLEY SPACE CENTER and not to DIYROCKETS.
6.5 Additional RULES
DIYROCKETS and SUNGLASS, may, in their sole and absolute discretion, implement such additional terms and RULES as it deems appropriate to administer the CHALLENGE. Failure to adopt or follow such additional RULES or requirements shall be grounds to terminate a TEAM and any TEAM MEMBER from the CHALLENGE.
7. DELAY, CANCELLATION OR TERMINATION
TEAM and TEAM MEMBERS acknowledges that circumstances may arise that require the CHALLENGE to be delayed indefinitely or cancelled. Such delay or cancellation, and/or the termination of this AGREEMENT, shall be within the full discretion of DIYROCKETS and SUNGLASS and their assignees, and TEAM and TEAM MEMBERS accept any risk of damage or loss due to such delay, cancellation, and/or termination.
By registering for this CHALLENGE, TEAM MEMBER and TEAM are executing this AGREEMENT and agreeing to the terms of the AGREEMENT and the RULES.
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