Spiceworks, Inc. App Center Challenge Official Rules – (the “Official Rules”) 

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  

Challenge Name: Spiceworks App Center Challenge (the “Challenge”)

Challenge Website: (http://spiceworks.challengepost.com) (the “Challenge Website”)

1. POSTER & ADMINISTRATOR

Poster (the “Poster”): Spiceworks, Inc. (“Spiceworks”), 7300 FM 2222, Building III, Suite 100, Austin, Texas 78730. After May 8, 2015, Poster’s new address will be 3700 North Capital of Texas Highway, Suite 100, Austin, Texas 78746.

Administrator (the “Administrator”): ChallengePost, Inc., 425 W. 13th Street, Suite #504, New York, NY 10014.

2. DATES AND TIMING

Challenge Submission Period: The Challenge begins on April 21, 2015 at 9:00am Central Time and ends August 14, 2015 at 11:00pm Central Time (the “Challenge Submission Period”).

Judging Period: The Judging begins on August 24, 2015 at 9:00am Central Time and ends on August 31, 2015 at 5:00pm Central Time (the “Judging Period”).

Public Voting Period: Public Voting begins on August 24, 2015 at 9:00am Central Time and ends on August 31, 2015 at 5:00pm Central Time (the “Public Voting Period”)

Winners Announced: Winners will be announced on or around September 11, 2015 at 9:00am Central Time.

The Administrator will be the official timekeeper for the Challenge.

3. ELIGIBILITY

A. The Challenge IS open to: 

• individuals who are at least 18 years of age as of the time of entry
• teams of eligible individuals
• organizations (including corporations, not-for-profit corporations and other nonprofit organizations, limited liability companies, partnerships, and other legal entities) that exist and have been duly organized at the time of entry, and employ no more than 50 people (“Organizations”)
• Organizations that employ more than 50 people (“Large Organizations”)

(the above are collectively, “Makers”)

The Challenge is open to online participation by eligible Makers around the globe. Registration in the Spiceworks Community (community.spiceworks.com) is required in order to participate because Application is to be built on Spiceworks’ platform.

An individual may join more than one team, Organization, or Large Organization and an individual who is part of a team, Organization, or Large Organization may also enter the Challenge on an individual basis.  

If a team or organization is entering the Challenge, it must designate and authorize one individual (the “Representative”) to represent, act, and enter a Submission, on its behalf. The Representative must meet the eligibility requirements above. By entering a Submission on the Site on behalf of a team or organization, the Representative represents and warrants that he/she is the Representative authorized to act on behalf of the applicable team or organization.

B. The Challenge IS NOT open to: 

• individuals who are residents of, or Organizations or Large Organizations domiciled in, a country, state, province or territory where the laws of the United States or local law prohibits participating or receiving a prize in the Challenge (including, but not limited to, Brazil, Quebec, and Italy, and Cuba, Sudan, Iran, North Korea, Syria and any other country designated by the United States Treasury's Office of Foreign Assets Control)
• individuals who are residents of, or Organizations or Large Organizations domiciled in any other Jurisdiction where the laws of the United States or the applicable Jurisdiction, prohibit participating or receiving a prize in the Challenge (including, but not limited to, any other country designated by the United States Treasury's Office of Foreign Assets Control)
• organizations involved with the design, production, paid promotion, execution, or distribution of the Challenge, including Spiceworks and ChallengePost (“Promotion Entities”)
• employees, representatives and agents** of the Promotion Entities and all members of their immediate family or household*
• any other individual involved with the design, production, promotion, execution, or distribution of the Challenge, and each member of their immediate family or household*
• any Judge (defined below), or company or individual that employs a Judge, and any member of a Judge’s immediate family or household*
• any parent company, subsidiary, or other affiliate*** of any organization described above
• any other individual or organization whose participation in the Challenge would create, in the sole discretion of the Poster and/or Administrator, a real or apparent conflict of interest
• any person who has previously been awarded prize money for a previous application development program sponsored by Poster.

*The members of an individual’s immediate family include the individual’s spouse, children and stepchildren, parents and stepparents, and siblings and stepsiblings. The members of an individual’s household include any other person that shares the same residence as the individual for at least three (3) months out of the year.

**Agents include individuals or organizations acting on behalf of, and at the direction of, a Promotion Entity through a contractual or other relationship.

***An affiliate is: (a) an organization that is under common control, sharing a common majority or controlling owner, or common management; or (b) an organization that owns equity in, or is partially owned by the other organization.

4. SUBMISSION REQUIREMENTS

Makers must do the following to participate in the Challenge:

• Register at http://developers.spiceworks.com/ to receive access to the Spiceworks Developers platform.   

• Register for the Challenge on the Challenge Website by clicking the “Register” button. To complete registration, sign up to create a ChallengePost account, or log in with an existing ChallengePost account. There is no charge for creating a ChallengePost account. This will enable you receive important updates and access the “Enter a Submission” page
• When you are ready, submit an entry by completing and entering all of the required fields on the “Enter a Submission” page of the Challenge Website (each a “Submission”) during the Challenge Submission Period, and follow the requirements below.

A. Language Requirements 

All Submission materials must be in English or, if not in English, the Maker must provide an accurate English translation of the demonstration video, text description, and testing instructions and all other materials submitted. 

B. Application Requirements

(i) What to Create: Makers must create (or have created) a working software application that utilizes at least one of the Spiceworks launch points (each an “Application”). Note: There may be limited changes (updating or refreshing) to the existing Spiceworks APIs. Spiceworks may add one or more new APIs after the start of the Challenge Submission Period. A Maker may include any of these additional APIs in their Application, but that will not extend the Challenge Submission Period.

(ii) Spiceworks Intellectual Property: If a Submission uses any Spiceworks’ copyrighted property, including Spiceworks data and/or APIs,, the Maker and Submission must comply with the Spiceworks Branding (http://www.spiceworks.com/brand/) and the App Center Terms of Use (http://developers.spiceworks.com/terms-and-conditions). If any of these terms are ambiguous, the Maker may contact legal@spiceworks.com for clarification.

(iii) Categories:  At the time of submission, Makers will be required to select one of three categories: Help Desk, Inventory or Neither Help Desk or Inventory (Non-Specific) (the “Categories”), which best describes the primary features and functionality of the Application. The Help Desk Category is for Applications that include features and functionality primarily focused on the Spiceworks Help Desk. The Inventory Category is for Applications that include features and functionality primarily focused Spiceworks Inventory. The Neither Help Desk or Inventory (Non-Specific) Category is for Applications that include features and functionality primarily focused any Spiceworks platform. At any time, and at its sole discretion, the Sponsor will have the ability to re-assign a submitted Submission from one Category to another. Submissions in each Category are eligible for different Prizes, though Submissions in both Categories and will be eligible to win the Best Application and Fan Favorite prizes identified in Section 7.

(iv) Functionality: The Application must be capable of being successfully installed and running consistently on the platform for which it is intended, and must function as depicted in the video and/or expressed in the text description.

(v) Platform: A submitted Application must run on the Spiceworks Developer Edition platform.

(vi) New & Existing: Applications must be either newly created by the Maker or, if the Application existed prior to the Challenge Submission Period, the Maker must have added new Spiceworks data and new features and functionality after the start of the Challenge Submission Period. No previously submitted Applications from any past Poster’s programs will be eligible for this Challenge.

(vii) Testing: The Maker must make the Application available free of charge and without any restriction, for testing, evaluation and use by the Poster, Administrator and judges during the Challenge and until the Judging Period ends.

(viii) Public Distribution: The Maker may make the Application available to the public via a website or online store, but is not required to do so.

(ix) Multiple Submissions: A Maker may submit more than one Submission, however, each Submission must be unique, as determined by the Poster. However, each Maker can only win on Category prize and the Fan Favorite Prize

(x) SDKs, APIs, & Data: Applications may integrate SDKs, APIs and data, provided the Maker is authorized to use them.

(xi) Intellectual Property: A Maker’s Submission must: (a) be the Maker’s or the Maker’s team’s or Organization’s original work product; (b) be solely owned by the Maker, the Maker’s team, or the Maker’s Organization with no other person or entity having any tangible or intangible right or interest in it; and (c) not violate the intellectual property rights or other rights including but not limited to copyright, trademark, patent, contract, and/or privacy rights, of any other person or entity. By entering the Challenge, a Maker represents, warrants, and agrees that the Maker’s Submission meets these requirements.

(xii) Financial or Preferential Support: An Application must not have been developed, or derived from an Application developed, with financial or preferential support from the Poster or Administrator. Such Applications include, but are not limited to, those that received funding or investment for their development, were developed under contract, or received a commercial license, from either the Poster or the Administrator any time prior to the end of Challenge Submission Period. Applications may be developed with a limited, revocable, non-commercial license from Spiceworks to use Spiceworks intellectual property in the Application. The Poster, at their sole discretion, may disqualify an Application, if awarding a prize to the Application would constitute a real or apparent conflict of interest.

C. Text Description and Image Requirements 

(i) Text Description: The text description should explain the features and functionality of the Application in plain English and in sufficient detail to enable a reasonably educated person to understand the purposes and functionality of the Application.

(ii) Images: The image(s) should include both icons and screenshots of the working Application. 

5. SUBMISSION RIGHTS

A. Maker Rights: Subject to the licenses described below, any applicable intellectual property rights to a Submission will remain with the Maker.

B. Poster Rights: By entering the Challenge, Maker grants to the Poster, Administrator, and any other third parties acting on the Poster’s behalf, a royalty-free, non-exclusive, worldwide perpetual license to display publicly and use for promotional purposes the Submission, in perpetuity. This license includes, but is not limited to, posting or linking to the Submission on Poster’s, Administrator’s, and partners’ websites and applications, including the Challenge Website, and display and promotion of the Submission in any other media existing currently or in the future, worldwide.

C. Submission Display: The following Submission components may be displayed to the public: name, description, images, icon, team members (username only), the Submission Category, and submitter type. Other Submission materials may be viewed by the Poster, Administrator, and Judges for screening and evaluation.
 
D. Maker represents and warrants that the Poster, Administrator, and Challenge partners are free to use Maker’s Submission in the manner described above, as provided or as modified by Administrator, without obtaining permission or license from any third party and without any compensation to Maker or any other person or entity.

5. JUDGING CRITERIA

A. Criteria: Eligible Submissions will be evaluated by a panel of judges selected by the Poster (the “Judges”), and scored using the following criteria (the “Judging Criteria”):

(i) Value to the IT Pro (How does this app provide value to an IT Pro?)

(ii) Innovation (includes creativity, originality and “wow” factor of the idea)

(iii) Technical (Focuses on the technical aspects of the app)

(iv) Execution (How well was the idea executed? Is the app easy to understand and use?)

The Judging Criteria above may not apply to every Prize. See section 7 below for the Judging Criteria that apply for each Prize. The Maker(s) that are eligible for a Prize, and whose Submissions earn the highest overall scores based on the applicable Judging Criteria, will become potential winners of that Prize.

B.  Submission Review:JUDGES are not required to test the Application and may choose to judge based solely on the text description provided images provided in the Submission. 

C. Tie Breaker: For each Prize listed in Section 7 below, if two or more Submissions are tied on all applicable criteria, the panel of Judges will vote on the tied Submissions.

7. PRIZES

A. Prize Details: One (1) prize winner will be selected from all eligible entries and will receive one of the following prizes:

*The trip to SpiceWorld Austin is for SpiceWorld Austin 2015 being held September 23-25, 2015. If the winner of the prize is an individual, they will receive one (1) ticket to SpiceWorld (approximate retail value $199) and an $801 Visa Gift Card to be used for travel expenses. (approximate retail value $1,000 USD) If the winner of the prize is an Organization, they will receive up to three (3) tickets to SpiceWorld (approximate retail value $199 each) and an $801 Visa Gift Card to be used for travel expenses per person. (approximate aggregate retail value not to exceed $3,000 USD).

**The featured placement and promotion of the Application the the Spiceworks Community is a valued at $2,000 USD.

*** Please review the ChallengePost Terms of Service at http://ChallengePost.com/terms for voting rules.

 Prizes are non-transferable and may not be sold, redeemed for cash or otherwise substituted except as provided herein. Total maximum aggregate retail value of all prizes in this Challenge is $65,000 USD. Odds of winning a prize depend on the number of eligible entries received in accordance with these Official Rules during the Challenge Period. All prizes will be awarded provided they are claimed properly in accordance with these Official Rules. Limit four (4) prize packages, in total, for this Challenge Period and there is a limit of one (1) prize per winner. However, if the winner of either the Best Overall Application, Best Inventory Application or the Best Help Desk Application is voted the Fan Favorite Application, the winner may collect both the Category prize and the Fan Favorite Application prize.

8. VERIFICATION OF POTENTIAL WINNERS 

A. Verification Requirement: THE AWARD OF A PRIZE TO A POTENTIAL WINNER IS SUBJECT TO VERIFICATION OF THE IDENTITY, QUALIFICATIONS AND ROLE OF THE POTENTIAL WINNER IN THE CREATION OF THE SUBMISSION. The final decision to designate a winner shall be made by the Poster.

B. Required Forms: Potential winners will be notified using the email address associated with the ChallengePost account used to enter the Submission (the submitter is the “Representative” in the case of a team, Organization, or Large Organization). In order to receive a Prize, the potential winner (including all participating team members in the case of a team or Organization) will be required to sign and return to the Poster or Administrator, affidavit(s) of eligibility (or a similar verification document) and liability/publicity release(s), and any applicable tax forms (“Required Forms”).

Deadline for Returning Required Forms: Ten (10) business days after the Required Forms are sent.

C. Disqualification: The Poster may deem a potential winner (or participating team members) ineligible to win if: 

(i) in its sole judgment, the potential winner’s Representative or any participating member does not respond to multiple emails or fails to sign and return the Required Forms by the deadline listed above, or responds and rejects the Prize;  

(ii) the Prize or Prize notification is returned as undeliverable; or  

(iii) the Submission or the potential winner, or any member of a potential winner’s team, Organization, or Large Organization, is disqualified for any other reason. 

In the event of a disqualification, the Poster and/or Administrator may award the applicable Prize to an alternate potential winner.

9. PRIZE DISTRIBUTION

A. Substitutions & Changes: The Poster has the right to make a Prize substitution of equivalent or greater value. The Poster will not award a Prize if there are no eligible Submissions entered in the Challenge, or if there are no eligible Makers or Submissions for a specific Prize.

B. Prize Delivery: A monetary Prize will be wired to the winning Maker’s bank account (if an individual) or the Representative’s bank account (if a team or Organization) after receipt of the Required Forms. Poster will pay a maximum of $100 (USD) towards wire/banking fees. If the fees exceed this amount, Maker assumes responsibility for additional wire/banking fees and/or exchange rates. Prizes will be payable to the Maker, if an individual, to the Maker’s Representative, if a team, or to the Organization, if the Maker is an Organization. It will be the responsibility of the winning Maker’s Representative to allocate the Prize among their team or Organization’s participating members, as the Representative deems appropriate. 

C. Prize Delivery Timeframe: Within 45 days of the Poster or Administrator’s receipt of the Required Forms

D. Taxes: Winners (and in the case of team or Organization, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). Winners may be required to provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed form W-9 and residents of other countries are required to provide a completed W-8BEN form. Winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Prize to relevant government departments/agencies, if necessary. The Poster, Administrator, and/or Prize provider reserves the right to withhold a portion of the prize amount to comply with the tax laws of the United States or other Poster jurisdiction, or those of a winner’s jurisdiction.

10. ENTRY CONDITIONS AND RELEASE

A. By entering the Challenge, an individual (and, if the individual is entering on behalf of a team or Organization, each individual participating as a member of the Maker) agree(s) to the following: 

(i) The relationship between Maker, and the Poster and Administrator, is not a confidential, fiduciary, or other special relationship. 

(ii) Maker is and will be bound by and comply with these Official Rules and the decisions of the Poster, Administrator, and/or the Challenge Judges which are binding and final in all matters relating to the Challenge.

(iii) To the fullest extent permitted by law, individual on behalf of him/herself and each other individual and entity constituting Maker, releases, indemnifies, and agrees to defend and hold harmless the Poster, Administrator, Promotion Entities, and their respective parent, subsidiary, and affiliated entities, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Challenge, and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and tangible and intangible property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Maker’s entry, creation of Submission or entry of a Submission, participation in the Challenge, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of the Submission as authorized or licensed by these Official Rules. 

B. Without limiting the foregoing, the Released Parties to the fullest extent permitted by law, shall have no liability in connection with: 

(i) any incorrect or inaccurate information, whether caused by the Poster or Administrator’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Challenge; 

(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Challenge Website;

(iii) unauthorized intervention by human or electronic or mechanical means in any part of the entry process or the Challenge; 

(iv) technical or human error which may occur in the administration of the Challenge or the processing of Submissions; or 

(v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Maker’s participation in the Challenge or receipt or use or misuse of any Prize.

The Released Parties are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Makers. Proof of sending or submitting will not be deemed to be proof of receipt by the Poster or Administrator.

If for any reason any Maker’s Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Maker’s sole remedy is to request the opportunity to resubmit its Submission. Such request must be made promptly after the Maker knows or should have known there was a problem, and will be determined at the sole discretion of the Poster.

11. PUBLICITY

By participating in the Challenge Maker consents to the use of personal information about you, if you are a winner, by the Poster, Administrator, and third parties acting on their behalf. Such personal information includes, but is not limited to, your name, likeness, photograph, voice, opinions, comments and hometown and country of residence. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes publicizing the results of the Challenge and promoting and advertising future similar challenges.

The duration of your consent is for a period of three years following the conclusion of the Challenge. This consent applies, as applicable, to all members a Maker’s team or Organization that participated in the winning Submission. 

12. GENERAL CONDITIONS 

A. Poster and Administrator reserve the right, in their sole discretion, to cancel, suspend and/or modify the Challenge.

B.  Poster and Administrator reserve the right in their sole discretion to disqualify any individual or Maker it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Challenge or to be acting in violation of these Official Rules or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Challenge, or an alleged or proven violation of any applicable law or regulation. 

C. Any attempt by any person to undermine the proper conduct of the Challenge may be a violation of criminal and civil law.  Should Poster or Administrator suspect that such an attempt has been made or is threatened, they reserve the right to take appropriate action including but not limited to requiring a Maker to cooperate with an investigation and referral to criminal and civil law enforcement authorities.

D. If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Challenge materials, including but not limited to the Challenge Submission form, Challenge Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail.  

E. The terms and conditions of the Official Rules are subject to change at any time, including the rights or obligations of the Maker, the Poster and the Administrator. The Poster and Administrator will post the terms and conditions of the amended Official Rules on the Challenge Website.  To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting.  

F. If at any time prior to the deadline, a Maker or prospective Maker believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification.   

G. The Poster or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to the Challenge or a Maker, such illegality or unenforceability shall leave the remainder of these Official Rules, including the Rule affected, to the fullest extent permitted by law, unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Poster’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.

H. Excluding Submissions, all intellectual property related to this Challenge, including but not limited to copyrighted material, trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by the Poster or Administrator. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited. Any use in a Submission of Poster or Administrator intellectual property shall be solely to the extent provided for in these Official Rules. 

13. LIMITATIONS OF LIABILITY

By entering, all Makers (including, in the case of a team or Organization, all participating members) agree to be bound by the Official Rules and, to the fullest extent permitted by law, hereby release the Released Parties from any and all liability in connection with the Prizes or Maker’s participation in the Challenge. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal. 

14. DISPUTES

A. Makers agree that, to the fullest extent permitted by law: 

(i) any and all disputes, claims and causes of action arising out of or connected with this Challenge, or any Prizes awarded, other than those concerning the administration of the Challenge or the determination of winners, shall be resolved individually, without resort to any form of class action; 

(ii) any and all disputes, claims and causes of action arising out of or connected with this Challenge or any Prizes awarded, shall be resolved exclusively by the appropriate court in the accordance with the law of the state of Texas and Makers consent to the exclusive jurisdiction and venue of such courts; and 

(iii) under no circumstances will Makers be entitled to, and Makers hereby waives all rights to claim, any punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 

B. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Makers and the Poster in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. 

 15. ADDITIONAL TERMS THAT ARE PART OF THE OFFICIAL RULES

Please review the ChallengePost Terms of Service at http://challengepost.com/terms for additional rules that apply to your participation in the Challenge and more generally your use of the Challenge Website. Such Terms of Service are incorporated by reference into these Official Rules. If there is a conflict between the Terms of Service and these Official Rules, the latter terms shall control with respect to this Challenge only.

Participation in the Challenge constitutes Maker’s full and unconditional agreement to these Official Rules. By entering, a Maker agrees that all decisions related to the Challenge that are made pursuant to these Official Rules are final and binding, and that all such decisions are at the sole discretion of the Poster and/or Administrator.

The Administrator collects personal information from you when you enter the Challenge. The information collected is subject to the privacy policy located here: http://ChallengePost.com/privacy.

16. CONTACT 

If you have any questions or comment, or wish to send us any notice regarding this Challenge, please email us at support@challengepost.com.