NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. VOID WHERE PROHIBITED. PROMOTION IS OPEN TO RESIDENTS OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA AND WORLDWIDE, EXCEPT FOR ITALY, BRAZIL, CRIMEA,CROATIA, CUBA, EGYPT, IRAN, NORTH KOREA, SUDAN, SYRIA, COTE D’ IVOIRE (IVORY COAST), DEMOCRATIC REPUBLIC OF CONGO, IRAQ, LEBANON, LIBERIA, LIBYA, SOMALIA AND WILL BE VOID TO RESIDENTS OF ANY OTHER COUNTRY SANCTIONED BY THE OFFICE OF FOREIGN ASSETS CONTROL (OFAC) OF THE US DEPARTMENT OF THE TREASURY AND WHERE PROHIBITED BY LAW.
PARTICIPATION IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The Viam Community Challenge Contest will consist of a skill-based contest whereby participants (“you” or “Participant”) improve an everyday device using Viam and AI that follows into a specified category (the “Contest”). The project submitted in connection with the Contest (the “Project”) will be evaluated by judges who will choose the winning projects in accordance with these Official Rules (“Rules”). The Viam Community Challenge Contest prizes will be awarded to participants with the highest scores. See below for the complete details.
BINDING AGREEMENT: In order to participate in the Contest, you must agree to these Rules and register (the “Contest Site”). Therefore, please read these Rules prior to participating to ensure you understand and agree. You agree that participating in the Contest constitutes your agreement to these Rules. You may not participate in the Contest and are not eligible to receive any prize described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Viam, Inc. with respect to the Contest.
PROMOTION ELIGIBILITY: To be eligible to participate in the Contest, you must: (1) be above the age of majority in the country, state, province or jurisdiction of residence (and at least twenty years old in Taiwan) at the time of participation; (2) not be a resident of Italy, Brazil, Crimea, Cuba, Iran, North Korea, Sudan, Syria, Cote D’ Ivoire (Ivory Coast), Democratic Republic Of Congo, Iraq, Lebanon, Liberia, Libya, or Somalia; (3) not be a person or entity under U.S. export controls or sanctions; and (4) have access to the Internet as of March 5, 2024. Contest is void in Italy, Brazil, Crimea, Cuba, Iran, North Korea, Sudan, Syria, Cote D’ Ivoire (Ivory Coast), Democratic Republic Of Congo, Iraq, Lebanon, Liberia, Libya, Somalia and to residents of any other country sanctioned by the Office Of Foreign Assets Control (OFAC) of the US Department of the Treasury and where prohibited by law. Employees, interns, contractors, and official office-holders of Sponsor, its subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.
If you are participating as part of a company or on behalf of your employer, these rules are binding on you, individually, and/ or your employer. If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto, including to the terms of these Rules and your potential receipt of a prize. You further warrant that your actions do not violate your employer’s or company’s policies and procedures.
SPONSOR: The Contest is sponsored by Viam, Inc. (“Sponsor” or “Viam”), a Delaware corporation with principal place of business at 1900 Broadway, 6th Floor, New York, New York, USA. This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter, Instagram, TikTok, LinkedIn, Facebook, YouTube or Reddit, Hackster, or Instructables.
HOW TO PARTICIPATE IN THE COMMUNITY CHALLENGE CONTEST: From 12:00:00 A.M. Eastern Time (ET) Zone in the United States on March 5, 2024 to 11:59:59 P.M. ET on April 21, 2024(the “Contest Period”), submit a project that meets the criteria and instructions listed here and below (each, a “Project”).
All Projects must be received by 11:59:59 P.M. ET on April 21, 2024 to be considered. You may submit multiple Projects however only one (1) Project will be eligible for a Prize. Projects are void if they are in whole or part incomplete, altered, counterfeit, obtained through fraud, or late. The potential winners may be required to show proof of being the authorized account holder for the email address required at registration and/or the user name under which they submitted the Project.
VIAM COMMUNITY CHALLENGE PROJECT REQUIREMENTS. Each Project must meet the following criteria:
Improve an everyday device using Viam and AI, with a project that falls into one of the following themes:
For this specific project, you’ll use the Viam App and Viam SDKs to develop an AI-integrated device. No matter which project you submit, you’ll need to do the following. For more detailed submission guidelines, see the full rules.
You have the opportunity to participate in Viam’s Discord where you can ask questions and get support from fellow community members and Viam engineers. Anything you share on Discord will be visible by all other members of the Discord community. Viam reserves the right to remove any inappropriate content and to disqualify Participants accordingly.
CONTEST JUDGING: Projects will be judged by a panel of experts who are employees of Sponsor (“Judges”) on or about April 22, 2024. Projects will be evaluated by the Judges based on the following criteria: (i) use of Viam technology (25%); (ii) design quality and project completion (25%); (iii) applicability (25%) and (iv) quality of documentation (25%). See more here.
Judges will evaluate and attribute a score to each Project based upon the above-listed criteria. The one (1) Project that receives the highest overall score will be deemed the potential Viam Community Challenge First Prize winner. The one (1) Project that receives the next highest overall score will be deemed the potential Viam Community Challenge Second Prize winner. The three (3) Projects that receive the next highest overall scores will be deemed the potential Viam Community Challenge Third Prize winners. In the event of a tie, the Project(s) that received the higher score from the Judges in the category of “use of Viam” will be selected as the potential Viam Community Challenge winner(s) of the applicable prize(s). In the event a potential winner is disqualified for any reason, the Project that received the next highest total score will be chosen as the potential winner.
CONTEST WINNER NOTIFICATION: On or about April 30, 2024 the potential winners will be selected and notified by email (or Weibo direct message or comment if a resident of Mainland China), at Sponsor’s discretion. If a potential winner does not respond to the notification attempt within fourteen (14) days from the first notification attempt, then such potential winner will be disqualified and an alternate potential winner may be selected from among all eligible Projects received based on the judging criteria described herein. Except where prohibited by law, each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential winners must return all such required documents within fourteen (14) days following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner may be selected based on the judging criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. In the event that no Projects are received, no prize will be awarded. Determinations of judges are final and binding.
CONTEST GRAND PRIZE (1): One First Prize winner will receive a Visa gift card in the amount of $2,000.
CONTEST SECOND PRIZE (1): One Second Prize winner will receive a Visa gift card in the amount of $1,000.
CONTEST THIRD PRIZES (3): Three (3) Third Prize winners will receive a Visa gift card in the amount of $200.
ADDITIONALLY, EACH PRIZE AWARDED WILL ALSO INCLUDE A VIAM ROVER 2, VALUED AT $99 (ONE ROVER PER AWARDED PRIZE).
PRIZE CONDITIONS: Prizes will be awarded within approximately three (3) to six (6) weeks from date of winner verification. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. Contest Entities have not made and Contest Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply to the prize or any components thereto.
TAXES: RECEIPT OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners may be required to submit the tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winners are responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternative potential winner.
GENERAL CONDITIONS: All federal, state, provincial and local laws and regulations apply. Sponsor reserves the right to disqualify any participant from the Contest if, in Sponsor’s sole discretion, it reasonably believes that the participant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other participants, viewers, Sponsor, or the Judges.
INTELLECTUAL PROPERTY RIGHTS: As between Sponsor and the participant, except for its use of any Viam Material (as defined below), the Participant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the Project. As a condition of entry, participant grants Sponsor, its subsidiaries, agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display a Project (1) for the purposes of allowing Sponsor and the Judges to evaluate the Project for purposes of the Contest, and (2) in connection with advertising and promotion via communication to the public or other groups, including, but not limited to, the right to make screenshots, animations and Project clips available for advertising and promotional purposes. Viam shall continue to own all Viam Material.
“Viam Material” means (i) all software (including pre-existing software), tools, designs, documentation, data and other material developed by or for Viam, and (ii) any routines, tools, methodologies, processes or technologies created, adapted or used by Viam in its business generally, together with all associated intellectual property rights
VIAM TERMS OF USE: Participant acknowledges and agrees to Viam’s Terms of Use and User Agreement (https://www.viam.com/agreement), and understands that participation in the Contest is deemed acceptance of such Terms of Use and User Agreement.
PRIVACY: Participant acknowledges and agrees that Sponsor may collect, store, share and otherwise use any personally identifiable information provided to Sponsor throughout the Contest, including, but not limited to, name, mailing address, date of birth, and email address. Sponsor will use this information in accordance with its Privacy Policy including for administering the Contest and verifying a participant’s identity, postal address and email address in the event a participant qualifies for a prize. Participant’s information may also be transferred to countries outside the country of participant’s residence, including the United States. Such other countries may not have privacy laws and regulations similar to those of the country of participant’s residence. Participant has the right to request access, review, rectification or deletion of any personal data held by Sponsor in connection with the Contest by writing to Sponsor at community.challenge@viam.com.
PUBLICITY. By accepting a prize, participant agrees to Sponsor and its agencies use of his or her name and/or likeness and Project (if applicable) for advertising and promotional purposes without additional compensation, unless prohibited by law.
WARRANTY AND INDEMNITY: Participants warrant that their Projects (if applicable) are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Project and that they have the right to submit the Project in the Contest and grant all required licenses. Each participant agrees not to submit any Project that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) otherwise violates the applicable state, federal, provincial or local law.
To the maximum extent permitted by law Participant indemnifies and holds harmless Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each participant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) any Project or other material uploaded or otherwise provided by the participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the participant in connection with the Contest; (c) any non-compliance by the participant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the participant’s involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any error in the collection, processing, or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.
RELEASE AND HOLD HARMLESS: By participating in the Contest, Participant expressly waives and releases any and all claims, now known or hereafter known, against the Contest Entities arising out of or attributable to Participant’s participation in the Contest, whether arising out of the ordinary negligence of the Contest Entities or otherwise. I covenant not to make or bring any such claim against the Contest Entities, and forever release and discharge Contest Entities from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that New York law does not permit to be released by agreement.
ELIMINATION: Any false information provided within the context of the Contest by any participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the participant from the Contest.
INTERNET: Contest Entities are not responsible for any malfunction or for any late, lost, damaged, misdirected, incomplete, undeliverable, or destroyed Projects due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an participant’s ability to participate.
RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Contest is not capable
of running as planned, including, without limitation, due to 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 the Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and if terminated, Sponsor will determine the potential winners for the Contest from among all eligible Projects received prior to action taken using the judging criteria specified above. Sponsor further reserves the right to disqualify any participant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by a participant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek any and all remedies available from any such participant to the fullest extent of the applicable law.
NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of a Project, email or game play into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Sponsor, or the Contest Entities. You acknowledge that you have submitted your Project voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Sponsor or the Contest Entities and that no such relationship is established by your submission of a Project under these Rules.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of New York, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Participants expressly waive any and all such rights.
ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Sponsor of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. for binding arbitration under its rules then in effect in the New York, New York, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
WINNERS’ LIST: You may request a list of Contest winners after April 30, 2024 but before May 30, 2024 by sending an email with the subject line Viam Community Contest to community.challenge@viam.com.