Official SmartPrize Rules for Exhibitors
BY SUBMITTING AN ENTRY TO SMARTPRIZE, YOU AGREE TO BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT SUBMIT AN ENTRY TO SMARTPRIZE.
- ELIGIBILITY: SmartPrize is only open to Exhibitors who are at least 18 years of age at the time of submitting an Entry. Current Employees of Travel Marquette are not eligible to submit an Entry. All federal, state and local laws and regulations apply. SmartPrize is intended for viewing in the State of Michigan only and will be construed and evaluated according to Michigan law.
- EXHIBITORS: An entry (“Exhibit”) to SmartPrize may be made by a solo Exhibitor, business entity, or a group of Collaborative Exhibitors. A solo Exhibitor, business entity, and each Collaborative Exhibitor, as applicable, is subject to these Official Rules for Exhibitors (“Rules”). As used in these Rules and the Exhibitor Agreement, the term “Exhibitor” means and includes solo Exhibitors, business entities and each Collaborative Exhibitor relating to an Exhibit.
- EXHIBITOR ENTRY: To enter SmartPrize as an Exhibitor, the Exhibitor must agree to these Rules. By submitting an Exhibit to SmartPrize, the Exhibitor agrees to be bound by and comply with these Rules.
- RULES REGARDING BUSINESS ENTITIES AND COLLABORATIVE EXHIBITORS: To enter SmartPrize as a business entity or a collaborative group of Exhibitors, the Authorized Agent of a business entity and each Exhibitor in the collaborative group (each, a “Collaborative Exhibitor”) must be listed on the registration form and agree to these Rules. By submitting an Exhibit on behalf of a business entity or collaborative group, each Collaborative Exhibitor that is part of the business entity or collaborative group agrees to be bound by and comply with these Rules. Each Collaborative Exhibitor must meet all eligibility criteria for Exhibitors. Any individual who either makes a significant contribution to the business concept of an Exhibit, is considered a “creator” of an Exhibit, has any copyright claim to an Exhibit, has any claim to proceeds from the Exhibit concept, or is acknowledged as a co-creator of an Exhibit is considered to be a Collaborative Exhibitor for purposes of that Exhibit. Exhibitors and collaborative groups may receive assistance from contractors or volunteers in the construction of their Exhibit. Entries that are created by community groups, schools, or other groups consisting of members who are not each registered as Collaborative Exhibitors, or whose members do not each meet all of the eligibility requirements to be an Exhibitor, are ineligible. SmartPrize expressly reserves the right to disqualify any Exhibit if it is determined that all Collaborative Exhibitors for that Exhibit are not properly registered as Collaborative Exhibitors or that an individual who fails to meet all Exhibitor eligibility requirements participated as a Collaborative Exhibitor for that Exhibit.
- FEES: An Exhibitor must pay to SmartPrize a one-time non-refundable Exhibitor fee of $100 (U.S.) upon registration. The fee includes an all-event pass to SmartPrize plus marketing of the Exhibit.
- SPECIFIC RULES FOR EXHIBITORS REGARDING ENTRY: The following rules apply to Exhibitors’ submissions of their Exhibit to SmartPrize:
- The Exhibit must be shown within the boundaries of the downtown area of the City of Marquette, Michigan as described on the SmartPrize website.
- The Exhibit must be shown at a SmartPrize-registered venue (“Venue”). Please see the SmartPrize website for a list of registered Venues. Only Exhibitors and Venues that are registered with SmartPrize may participate in SmartPrize. Exhibitors are responsible to negotiate a hosting agreement and/or other arrangements with a Venue relating to their Exhibit (“Hosting Agreement”). Exhibitors are not eligible to participate in SmartPrize unless they have entered into a Hosting Agreement with a Venue.
- Each Exhibitor may submit only one Exhibit. Each Exhibit may consist of multiple pieces. An Exhibit may be submitted by a business entity or a group of Collaborative Exhibitors, but each Exhibitor may only be associated with one Exhibit.
- Each Exhibit must abide by all applicable Marquette safety codes and ordinances and other applicable laws and regulations.
- The Exhibitor is responsible for all fees associated with the Exhibit, including without limitation, the SmartPrize fee described above, production costs, shipping, and fees associated with the applicable Venue, unless otherwise provided in the applicable Hosting Agreement.
- Exhibitor Registration must be complete by the end of the registration period.
- Venue matching and a Hosting Agreement as described above must be completed by the end of the registration period.
- Only original Exhibits are eligible for submission. The Exhibitor is responsible to ensure that the Exhibit does not infringe on any third party’s proprietary rights.
- The Exhibitor or the group of Collaborative Exhibitors must currently own the Exhibit, or otherwise have the rights and ability to display the Exhibit and subject the Exhibit to all restrictions and commitments made by these rules.
- The Exhibitor is responsible for transportation of the Exhibit to, and removal of the Exhibit from, the applicable Venue, unless otherwise provided in the applicable Hosting Agreement or other arrangements with the Venue.
- The Exhibitor, business entity, or any one of the members of the group of Collaborative Exhibitors must own the rights to the information, imagery and documentation of the Exhibit displayed on the SmartPrize website. SmartPrize reserves the right to use all information on, imagery and documentation of the Exhibitor pertaining to the Exhibit, the final Exhibit and the process of creating the Exhibit provided by the Exhibitor. SmartPrize may use the information, imagery and documentation described in the preceding sentence for the official SmartPrize website, press releases, promotional materials, display and exhibition materials, maps, guides, installations, other showcase activities associated with SmartPrize and its promotion and associated events which may include textual, audio or visual representations. If documentation of the Exhibit includes photographs taken by someone other than the Exhibitor, the Exhibitor must have the right to use those images and the right to authorize SmartPrize to use them in the future. This authorization is given by providing the digital images to SmartPrize, and no future permissions will need to be given for the images’ future use.
- SmartPrize reserves the right to document SmartPrize and all associated displays and events and reserves the right to use this documentation for any purpose.
- SmartPrize bears no liability to the Exhibitor or relating to the Exhibit.
- The Exhibitor commits to participating in SmartPrize in keeping with the spirit of SmartPrize as described on the SmartPrize website.
- The Exhibitor retains ownership of the Exhibit unless the Exhibitor negotiates otherwise with Venues, sponsors or other third parties.
- RULES REGARDING EXHIBIT CATEGORIES: Each Exhibit will be placed in one of the following categories at the time of registration:
Innovation, Start-Up, or Expansion.
SMARTPRIZE AND ITS RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS AND EMPLOYEES (“AFFILIATES”) ARE NOT PARTIES TO, HAVE NO INVOLVEMENT WITH OR INTEREST IN, MAKE NO REPRESENTATIONS OR WARRANTIES AS TO, AND HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND RELATING TO OR ARISING FROM THE SMARTPRIZE EVENT, INCLUDING ANY AGREEMENTS, COMMUNICATIONS, TRANSACTIONS, INTERACTIONS DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU, ANY POTENTIAL INVESTORS, VENUES OR ANY OTHER PERSON OR ORGANIZATION. THE EXHIBITOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SMARTPRIZE AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, ACTIONS, LOSSES, AND EXPENSES, INCLUDING ATTORNEY FEES, RELATING TO OR ARISING OUT OF ANY CLAIM OR DEMAND OF ANY KIND OR NATURE WHICH ANY PERSON OR PARTY MAY MAKE AGAINST SMARTPRIZE OR ITS AFFILIATES BASED UPON OR ARISING OUT OF THE CONTENT OF THE SMARTPRIZE WEBSITE, INCLUDING THE SMARTPRIZE EVENT, OR ANY OTHER CLAIM OR DEMAND RELATING TO SMARTPRIZE.
- ADDITIONAL RULES: An Exhibit must not infringe upon third party rights. An Exhibit that, in the sole discretion of SmartPrize, may infringe on third party rights will be disqualified. The Exhibitor is responsible to ensure that an Exhibit, as well as the documentation of that Exhibit provided on the SmartPrize website, does not infringe upon, violate or misappropriate any intellectual property or other proprietary rights owned or possessed by any third party. Each Exhibitor will defend, indemnify and hold harmless SmartPrize and its affiliates, agents, directors, officers and employees, from and against any and all liability, claims, suits, actions, losses and expenses, including costs and attorney fees relating to or arising out of any claim or demand of any kind or nature which any person or party may make against SmartPrize or any of its affiliates, agents, directors, officers and employees based upon or arising out of the Exhibit or any other claim or demand relating to SmartPrize, including any claim of infringement. SmartPrize is not responsible for inaccurate, fraudulent, incomplete, illegible, tampered with, misdirected, late or stolen Exhibits or transmissions, or problems of any kind whether mechanical, human or electronic.
- VOTING: SmartPrize Exhibits will be judged by public vote as described on the SmartPrize website. Voters must register with SmartPrize as described on the SmartPrize website. Voters will be instructed to vote for their favorite Exhibits. Public voting will take place between April 1 and April 8, 2017. The use of robotic or automated devices for voting is prohibited.
- WINNER SELECTION: The voting process will determine the winner of the Crowd Favorite Prize. In the unlikely event of a tie, the final rank of the tied entries will be determined by the judges. Winners of the Juried Awards will be determined by jurors appointed by SmartPrize, in its sole discretion. The winners will be announced on the final day of the competition, with prizes awarded at the SmartPrize Award Banquet.
- PRIZES: Prizes will be awarded by SmartPrize and Travel Marquette. The prizes will be awarded in a lump sum to the individual Exhibitor in whose name the Exhibit was submitted. Prizes for an Exhibit from a collaborative group will be paid either to the Exhibitor who registered the Exhibit, or divided among the Collaborative Exhibitors, at that Exhibitor’s discretion.
- WINNERS’ NAMES: Names of winners will be available on the SmartPrize website or upon request by sending an e-mail to firstname.lastname@example.org.
- GENERAL CONDITIONS: Winners will be announced at the SmartPrize Award Banquet. Winners will be required to sign and return a notarized Winner’s Affidavit of Eligibility and Release Form prior to receiving prize. In the event of noncompliance, the prize will be forfeited and may be awarded to an alternate winner. All federal, state and local taxes are the sole responsibility of the winner. By acceptance of prize, all Exhibitors who are winners agree without limitation to the use of his/her name, Exhibit name, photograph and/or likeness for publicity purposes without any additional compensation, except where prohibited by law. Exhibitor agrees to be bound by these Rules and the decisions of SmartPrize, which are final and binding in all matters related to SmartPrize. By participating in SmartPrize, Exhibitor agrees that SmartPrize and its respective affiliates, agents, directors, officers and employees have no liability whatsoever for any injuries, losses or damages of any kind relating to or arising from SmartPrize or resulting from participation in SmartPrize, the acceptance, possession, use or misuse of any Exhibit, or technical, hardware, software or telephone failures of any kind, cost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by SmartPrize, users or by any of the equipment or programming associated with or utilized in SmartPrize or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit an entrant’s ability to participate in SmartPrize. By participating in SmartPrize, the Exhibitor agrees to defend, indemnify and hold harmless SmartPrize and its affiliates, agents, directors, officers and employees from and against any and all liability, claims, suits, actions, losses and expenses, including costs and attorney fees, relating to or arising out of any claim or demand of any kind or nature which any person or party may make against SmartPrize based upon or arising out of the Exhibit, the Exhibitor’s participation in SmartPrize, or any other claim or demand relating to SmartPrize. SmartPrize may prohibit an Exhibitor from participating in SmartPrize or winning a prize if, in its sole discretion, it determines that said Exhibitor is attempting to undermine the legitimate operation of SmartPrize by cheating, hacking, deception or other unfair participation or voting practices or intending to annoy, abuse, threaten or harass any other entrants or SmartPrize’s representatives. SmartPrize’s decisions and the decisions of the SmartPrize Board are final on all matters relating to SmartPrize and the subject matter of these Rules. The obligations of each collaborative Exhibitor are joint and several. SmartPrize may prohibit an Exhibitor from participating in SmartPrize in its sole discretion. SmartPrize is not responsible for typographical or other errors in the offer or administration of SmartPrize, including but not limited to errors in the advertising, Rules, selection and announcement of the winner and distribution of the prizes. SmartPrize and Travel Marquette reserve the right to terminate or amend SmartPrize, including but not limited to the right to terminate or amend SmartPrize in whole or in part, at any time without notice, if any factor, including without limitation virus, bugs, or non-authorized human intervention, interferes with its conduct as contemplated by these official rules.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF SMARTPRIZE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SMARTPRIZE RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
The Exhibitor agrees to be bound by this Agreement and the decisions of SmartPrize, which are final and binding in all matters relating to SmartPrize. SmartPrize may prohibit an Exhibitor from participating in SmartPrize in its sole discretion. SmartPrize reserves the right to terminate or amend SmartPrize, in whole or in part, at any time without notice, if any factor interferes with its conduct as contemplated by this Agreement. All federal, state and local laws and regulations apply. SmartPrize and this Agreement will be construed and evaluated according to Michigan law. SmartPrize’s decisions are final in all matters relating to SmartPrize and the subject matter of these rules.