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Cubify Bugdroids Challenge Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.

The Cubify.com Bugdroids Challenge (the “Contest”) is a contest where entrants must submit text, photos, or videos (the “Submissions”) via Twitter in response to a daily challenge or a model challenge. Submissions must be creative, unique, and well-executed. The Submissions will be evaluated by Cubify, who will choose 25 daily winners to receive a 3D printed Bugdroid figurine (the “Award”)

The prizes will be awarded to entrants whose Submissions are evaluated as having the highest score in the judging criteria for the daily challenges. See below for the complete details

1. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules (“Rules”) and that the decisions of Sponsor are final and binding in all respects. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and 3D Systems, Inc. with respect to the Contest.

2. ELIGIBILITY: To be eligible to enter the Contest, you must be: (1) a legal resident of and physically located in countries where such contests are allowed by the laws of those countries (excluding the residents of the province of Quebec, Canada; Italy; Cuba; Iran; Libya; North Korea; Sudan; and Syria); (2) above the age of majority in the state or jurisdiction where you reside at the time of entry; (3) have access to the Internet as of October 3, 2012; and (4) have a Twitter account that is following Cubify’s Twitter account, twitter.com/cubify. Getting a Twitter account and following Cubify's Twitter account is free. Contest is void in Puerto Rico, U.S. territories and possessions, countries not identified in the requirements above, and where prohibited by law. Employees, interns, contractors, and official office-holders of 3D Systems and their parent companies, 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 entering 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 your potential receipt of a prize. You further warrant that your actions do not violate your employer’s or company’s policies and procedures.

3. SPONSOR: The Contest is sponsored by 3D Systems, Inc. (“3D Systems” or “Sponsor”), a California corporation with principal place of business at 333 Three D Systems Circle, Rock Hill, SC 29730 USA

4. CONTEST PERIOD: The Contest begins at 7:00:00 A.M. Pacific Standard Time (PST) in the United States on October 3, 2012 and ends at 9:00:00 P.M. PST on October 27, 2012, ("Contest Period").

5. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, follow @Cubify on Twitter during the Contest Period. Daily challenges (and instructions on how to submit for each) will be tweeted. Where applicable, the Submission must meet the “Submission Requirements,” described below.
LIMIT ONE (1) ENTRY PER PERSON PER CHALLENGE. Only your first entry for each day will be considered for that day’s daily challenge. Subsequent entries will be disqualified, and at Sponsor's discretion, and entrants who submit excessive entries or multiple, duplicate entries may be disqualified from the Contest entirely. Each daily challenge entry must be received by midnight Eastern time of the same day the challenge is posted. Daily challenges will be posted between 7:00:00 A.M. PST October 3, 2012, and 5:00:00 P.M. PST October 27, 2012. Entries are void if they are in whole or part unreadable, incomplete, damaged, altered, counterfeit, obtained through fraud, not the entrant's work, or late. All entries will be deemed made by the authorized account holder(s) of the Twitter account submitted at the time of entry, and any winners may be required to show proof of being an authorized account holder for their Twitter account. The "authorized account holder" is the natural person authorized to access the Twitter account.

6. SUBMISSION REQUIREMENTS: For a Submission to be a qualified entry in a daily challenge, it must be presented in a tweet. Text-based challenges must fit into a single tweet, and must be in the format specified by that day’s challenge. Image-based and video-based challenges must have a link in the tweet to a web-viewable image or video, and both the tweet and the image or video must be in the format specified by that day’s challenge.
Submissions for the challenges must also meet the following criteria:
(a) It must not be derogatory, offensive, threatening, defamatory, disparaging, libelous, dangerous if printed, or contain any content that is inappropriate, indecent, sexual, profane, indecent, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest, as determined by Sponsor.
(b) It must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulations the laws or regulations in any state where the Design is created.
(c) It must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark, or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
(d) It must be an original work that was not publicly available prior to the Contest and that does not substantially contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
(e) It cannot contain any content, element, or material that violates a third party’s publicity, privacy, or intellectual property rights. During the Contest Period, the Sponsor, its agents and/or the Judges (defined below) will be evaluating each applicable Design to ensure that it meets the Design Requirements. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant who submits a Design that does not meet the Design Requirements.

7. JUDGING: Each entry will be judged by a panel of experts who are employees of Sponsor (“Judges”) for the Award.
The Judges will judge the Submissions for the daily challenges based upon the following criteria:
1. Creativity – the Submission exhibits aesthetic, humorous, utilitarian, and/or clever aspects
2. Novelty – the Submission is unique when compared to other Submissions
3. Interpretation – the Submission is an accurate interpretation of the day’s challenge requirements.
Judges will evaluate and attribute a score to each Submission based upon the above-listed criteria, and those scores shall be totaled for an overall score for each Submission. The Submission in a daily challenge that receives the highest overall score will be selected as the winner of that day’s Award. In the event of a tie on any challenge, the Submission that received the higher score from the Judges in the category of “Creativity” will be selected as the sole winner. In the event of two Submissions from two entrants being identical, only the Submission that was received first will be considered.
In the event a winner or a winning Submission for a challenge is disqualified for any reason, the Submission that received the next highest total score will be chosen as the winner of that challenge.
The winners of each award will be notified via their Twitter handles. Except where prohibited by law, each 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, winners must return all such required documents within five business days following attempted notification or such winner will be deemed to have forfeited the prize and another winner will be selected based on the judging criteria described herein. In the event that no Submissions are received, no prize will be awarded. The Judges’ determinations are final and binding.

8. PRIZES: The Daily Award is a 3D printed Bugdroid figurine. There are 25 Bugdroid figurines in total, one of each in the Cubify Bugdroids collection on Cubify. One of each will be given out across 25 daily challenges. The figurines will be mailed, at Sponsor’s expense, to the address provided by the winner of each Award.
Odds of winning the Award depends on the number of eligible entries received during the Contest Period and the skill of the entrants. The prizes will be awarded within approximately four weeks of receipt by Sponsor of the award acceptance documents. 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. The prize(s) may be subject to restrictions and/or licenses and may require additional hardware, software, material, service, or maintenance to use. The winner shall bear all responsibility for use of the prize(s) in compliance with any conditions imposed by such manufacturer(s), and any additional costs associated with its use, service, or maintenance. 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(s), regarding the use, value or enjoyment of the prize(s), 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.

9. TAXES: PRIZES TO 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 STATE, FEDERAL AND LOCAL 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, winners must submit the tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or to the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the winner’s country of residence. The winner is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a 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 winner.

10. GENERAL CONDITIONS: All federal, state and local laws and regulations apply. Sponsor reserves the right to disqualify any entrant from the Contest if, in Sponsor’s sole discretion, it reasonably believes that the entrant 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 entrants, Sponsor, Contest Entities, or the Judges.

11. INTELLECTUAL PROPERTY RIGHTS: As between 3D Systems and the entrant, the entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the Submissions. As a condition of entry, entrant grants 3D Systems, 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 the Submission (1) for the purposes of allowing 3D Systems and the Judges to evaluate the Submission for purposes of the Contest, and (2) in connection with advertising and promoting via communication to the public or other groups, including, but not limited to, the right to make screenshots, animations and Submission clips available for promotional purposes.

12. PRIVACY: Entrants agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Contest. This data may also be used by Sponsor to verify an entrant’s identity, postal address and telephone number in the event a entrant qualifies for any applicable prize as well as to deliver the applicable prize(s). Entrants have the right to access, review, rectify or cancel any personal data held by Sponsor in connection with the Contest by writing to 3D Systems (Attention: Cubify.com Bugdroids Competition) at the address listed above. Otherwise, all personal information that is collected from the entrant is subject to the Cubify Privacy Policy, located at http://cubify.com/info/learn/privacy_policy.aspx.

13. PUBLICITY: By accepting a prize, entrant agrees to Sponsor and its agencies use of his or her name and/or likeness and Submission for advertising and promotional purposes without additional compensation, unless prohibited by law.

14. WARRANTY AND INDEMNITY: Entrants warrant that their Submissions are their own original work and, as such, they are the sole and exclusive owner and rights holder of the Submission and that they have the right to submit the Submission in the Contest and grant all required licenses. Each entrant agrees not to submit any Submission 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 or federal law.
To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified 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 entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant 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 attorneys fees) arising out of or accruing from (a) any Submission provided by the entrant 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 entrant in connection with the Contest; (c) any non-compliance by the entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant’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

15. ELIMINATION: Any false information provided within the context of the Contest by any entrant 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 entrant from the Contest.

16. INTERNET: Contest Entities are not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Designs 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 entrant’s ability to participate.

17. RIGHT TO CANCEL, MODIFY OR DISQUALIFY: If for any reason the Contest is not capable of running as planned, including 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, extend, or suspend the Contest. Sponsor further reserves the right to disqualify any entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an entrant 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 damages from any such entrant to the fullest extent permitted by law.

18. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of a Submission 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 Design 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 Submission under these Rules.

19. 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 entrants expressly waive any and all such rights.

20. 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 3D Systems of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the New York county, 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.

21. WINNER ANNOUNCEMENT: The winners will be announced online by November 15, 2012 on cubify.com/blog, facebook.com/cubify, and twitter.com/cubify.