Important: Please read these Official Rules (“Rules”) before entering the Ultimate Maker Vehicle Challenge (the “Challenge”) sponsored by Maker Media, Inc. (“MAKE”) and Ford Motor Company (“Ford”) (each a “Sponsor”, and together, “Sponsors”).
- BINDING AGREEMENT: By entering the Challenge, you agree to these Rules. Please read these Rules carefully; by submitting a Design, you agree that these Rules form a legally binding agreement between you and Sponsors with respect to this Challenge and that you will be bound by them. Without limitation, this contract includes indemnities to the Sponsors from you and a limitation of your rights and remedies. You may not submit a Design (defined below) unless you agree to these Rules, and failure to comply with these Rules may result in disqualification. You agree that participation in this Challenge and/or submission of a Design in the Challenge constitutes your full and unconditional agreement to these Rules and Sponsors’ decisions, which are final and binding in all matters related to the Challenge.
- ELIGIBILITY: The Challenge is open only to those individuals invited by Sponsors to participate. Employees of Maker Media, Inc., Ford Motor Company, or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Challenge and their immediate families (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) are not eligible.
- CHALLENGE DESCRIPTION: Make will select 10 “Makers” and commission each of them to create a design of their Ultimate Maker Vehicle based on the 2014 Transit Connect Wagon, Long Wheel Base Model, Titanium Package (“Design”) and conforming to the Design and Vehicle Build Requirements attached as Exhibit A (“Requirements”). Sponsors will review the Designs and approve (or not approve) them as eligible to be judged in the Challenge (“Approved Designs”). The public will vote on the Approved Designs to select the top three, and Sponsors will select the winning and runner-up designs from the top three. The winning Maker will receive a cash prize of $10,000; the runner up will receive $2,500. Ford expects, but does not commit, to build a prototype of the winning Design. All Makers who submit a Design will receive a payment of $1,250 (“Commission Fee”) upon submission of their Design and affirmation of their agreement to these Rules.
- DEADLINE: Designs must be submitted by midnight Pacific Time, October 31st, 2013.
- ENTRY DETAILS AND REQUIREMENTS: Each entry must include: a description of the Design (in written, audio, and/or audio-visual form), an identification of all persons contributing to the Design, profiles of the designer(s), and up to 8 images of the Design in .jpg format, up to 50MB each (“Design Entry”). Designs should be feasible to build within a budget between $50,000 and $100,000 US dollars (“Budget Range”). Designs must be submitted via an online application at makezine.com/maker-vehicle-challenge/application. All entries must comply with the Requirements. Entries will not be returned. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF YOUR DESIGN, DESIGN ENTRY AND ANYTHING SUBMITTED WITH YOUR DESIGN.
- REVIEW AND POTENTIAL DISQUALIFICATION BY SPONSORS: Sponsors will review all Designs for feasibility and adherence to the Budget Range and the Regulations (“Criteria”). Any Designs not meeting the Criteria will be disqualified, in Sponsors’ sole discretion. Sponsors reserve the right, in their reasonable discretion, to request that any entrant resubmit a Design that fails to comply with the Criteria. Sponsors will have sole discretion as to whether or not to permit revisions to any Design in order to meet the Criteria. Sponsors shall have the absolute right to permit revisions to one or more Designs but not others, in Sponsors’ sole discretion.
- WINNER JUDGING AND SELECTION: Each Approved Design will be posted at www.makezine.com/maker-vehicle-challenge. Public voting on the Approved Designs will begin on November 18th, 2013, at 12:00 noon Pacific Time and will end on December 12th, 2013 at 11:59 p.m. Pacific Time (“Public Voting Period”). During the Public Voting Period, the public will vote on the Approved Designs to select the three finalists (“Finalists”) by rating each design on a scale of 1-5 in three categories, weighted as follows: Design (45%), Customization (35%), and Maker Spirit (20%). In the event of a tie in the public voting, Sponsors will cast any tie-breaking vote needed to select the Finalists. Sponsors will then judge and rate (based on the same criteria) the three Finalists, and will select from the Finalists the Grand Prize and Runner-Up Prize winners (subject to verification and notification, see paragraph 9 below). Access to the voting site will be limited to once per email address per day during the Public Voting Period. Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes. Any attempt by entrants and/or their families or friends to vote more than the number of times authorized by using multiple email addresses, paying or retaining third parties for the purposes of voting, and/or any other fraudulent mechanism, in order to cast multiple votes will result in disqualification of all such votes and may result in disqualification of the entrant for whom the improper votes were received if the Sponsors determine that the entrant was involved in any way in the perpetration of such fraud.
- PRIZES: One (1) Grand Prize Winner, and one (1) Runner-Up Winner, subject to notification and verification, will receive the following:
- One (1) Grand Prize: $10,000
- One (1) Runner-Up Prize: $2500
- WINNER NOTIFICATION AND VERIFICATION: Winners will be notified on or about December 16, 2013. Potential winners are subject to verification. Sponsors are not responsible for any change of entrant’s email address or other contact information. If any prize notification or Challenge-related communication is rejected, faulty, returned as undeliverable, if the potential winner does not respond according to the notifications or Sponsors’ instructions, if the winner or potential winner fails to comply with these Rules, or if a potential winner cannot be reached after a reasonable attempt has been made by a Sponsor (as determined by Sponsors in their sole discretion), that winner or potential winner may be disqualified and an alternate winner may be selected by Sponsors. In the event that a potential winner is disqualified for any reason, Sponsors reserve the right to award the prize to an alternate entrant even if the disqualified potential winner’s name may have been announced.
- RIGHTS IN SUBMITTED DESIGNS: The Grand Prize winning Design will become the sole property of Ford. Ford expects, but does not commit, to build a prototype of the winning Design. By submitting a Design, each entrant agrees to assign all right, title and interest in the Design to Ford if their Design is chosen as the Grand Prize winner. The Grand Prize winner will be required to execute an assignment as a condition of receiving the Grand Prize. Failure to do so will result in a forfeiture of the prize. All other Designs shall remain the property of the entrants, subject to the condition that they may not build or exploit, commercially or otherwise, the Designs, and subject to the licenses granted in paragraph 12.
- CERTIFICATION OF ORIGINALITY OF DESIGNS; INDEMNIFICATION: By submitting a Design in the Challenge, you warrant and represent that: (1) your Design is your original design, (2) no other person or entity other than those disclosed in the entry has any right to the Design or any component of the Design, and (3) your submission of the Design does not breach or violate any obligation, contractual or otherwise, that you have to any third party. You hereby agree to defend, indemnify, and hold harmless Sponsors, and each of them, from and against any claim that arises from your breach of any of the foregoing representations.
- LICENSE: By submitting a Design and accepting the Commission Fee, you grant Sponsors, and each of them, and each of their respective licensees, successors and assigns the irrevocable, sublicensable, absolute right and permission to publish, post, edit, adapt, display, and otherwise use the content of and elements embodied in the Design in any form, in any manner, in perpetuity, and in any and all media (whether now known or hereafter devised) without compensation of any kind to you. You acknowledge that Sponsors have no obligation to use or publish any Design you submit.
- NO SPONSOR LIABILITY. By submitting a Design, you agree that your submission is voluntary and made without restriction and will not place Sponsors under any obligation, and that Sponsors are free to disclose the ideas contained in the Design on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by accepting your Design, Sponsors do not waive any rights to use similar or related ideas previously known to Sponsors, or developed by their employees, or obtained from sources other than you. You acknowledge and agree that nothing in these Rules will require a Sponsor to use the Design in part or in whole or to include the Design in any Sponsor property, including, without limitation, any web site or any other online or offline property. You acknowledge and agree that the relationship between you and Sponsors, and each of them, is not a confidential, fiduciary, or other special relationship, and that your decision to submit your Design for purposes of the Challenge does not place any of the Sponsors in a position that is any different from the position held by members of the general public with regard to elements of the Challenge, other than as set forth in these Rules. You acknowledge and agree that Sponsors do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to your Design.
- GENERAL LIABILITY RELEASE. BY SUBMITTING A DESIGN, YOU AGREE THAT YOU ARE NOT ENTITLED TO RECOVER ANY DAMAGES OR PROVISIONAL RELIEF FROM SPONSORS OR EITHER OF THEM IN CONNECTION WITH THE CHALLENGE. By entering the Challenge, submitting a Design and/or accepting a prize, you agree to release the Sponsors from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with: (1) the Challenge, (2) acceptance or awarding of any prize, or (3) preparing for, participating in, or traveling to or from any prize- or Challenge- related activity (including, without limitation, claims, costs, injuries, losses, and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional). This release covers any and all claims, whether under a theory of contract, warranty, tort (including negligence, whether active, passive, or imputed), strict liability, product liability, contribution, or any other theory.
- FILM, PHOTOGRAPH, RECORDING AND PUBLICITY RELEASE. Except where prohibited by law, by submitting a Design, you authorize Sponsors and their agents, to use your name, likeness, and all Design submission materials, and/or prize information, in any and all media without territorial or time limitation, for any advertising, promotional, or any other purpose without further compensation to, or permission from you. At the time of submission of your Design, you agree to execute a publicity release in substantially the form attached hereto as Exhibit B.
- GENERAL CONDITIONS: Sponsors’ failure to or decision not to enforce any provision in these Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Challenge-related materials and/or these Rules (including any alleged discrepancy or inconsistency in these Rules), it will be resolved in Sponsors’ sole discretion. Entrants waive any right to claim ambiguity in the Challenge or these Rules. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Rules in an attempt to obtain any prize, Sponsors may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law.
- GOVERNING LAW: The Challenge and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed, construed, and interpreted under the laws of the State of California, without reference to its conflicts of law principles. Any legal actions, suits or proceedings related to this Challenge (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in San Francisco, California and each entrant accepts and submits to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising out of or related to this Challenge.
Movers and Makers Design and Vehicle Build Requirements
(referred to in the Rules as “Requirements”)
These vehicles will not be saleable for commercial use.
- Do not change the engine /powertrain in any way
- Do not change the transmission.
- Do not change the battery of the vehicle
- Minimize interference with engineering of the wiring harness (i.e. controls of airbags, lights, etc). Cosmetic updates are appropriate
- Minimize interference with the engineering of dash/console/instrument panel of the vehicle. Cosmetic updates are appropriate.
- Do not alter the structural integrity of the vehicle – i.e
- add weight on top of the roof (thought roof rails or cross bars are appropriate)
- cut off the roof to increase height
- add weight to the side(s)
- cut into any structural pillars
- lengthen or cut off the vehicle, affecting its sheet metal.
- Do not change the overall proportions of the vehicle so that it no longer resembles or can no longer be easily be identified as a Ford Transit Connect
Examples of Common Modifications:
- Custom Paint
- Custom Wheels
- Removal / Modification of the Interior Seats
- Interior Custom Upfit
- Display of items in the interior.
- Wrapping the vehicle
Disclosure on all consumer facing materials:
This vehicle has been modified by an independent vehicle modifier and display of the vehicle is not intended to endorse, nor does it constitute an endorsement of, the vehicle modifier, vehicle modifications, or use of the vehicle by Ford Motor Co. Modifications to this vehicle may not be street legal or certified under Federal Motor Vehicle Safety Standards (FMVSS) and regulations or emission regulations of the U.S. EPA or California. Vehicles that are neither street legal nor certified under FMVSS and safety and emission regulations are not intended or certified for use on public roads.
Exhibit B Form of Publicity Release
- I hereby grant to Maker Media, Inc., its subsidiary and affiliated companies, successors, assigns, agents and licensees (collectively “Maker Media”) the right and permission to photograph, interview or record my person for use in connection with Maker Media’s Ford Transit Connect Campaign (“Campaign”) and Ultimate Maker Vehicle Challenge (“Challenge”). I further grant Maker Media a non¬exclusive and irrevocable right to use, and authorize others to use, my name, voice and likeness, (including any photographs of me taken by or on behalf of Maker Media), any statements made by me during the interview, and any biographical information or other information or materials provided by me (collectively “Materials”), on and in connection with the Campaign and/or Challenge, including, without limitation in online, print and video promotions and depictions of the Challenge, in any and all media, now or hereafter known, throughout the world, (the “Permitted Uses”) without restriction as to time, frequency, or distribution.
- I acknowledge that I do not have and will not claim any right, title or interest in or to any of the video or other materials used in connection with the Permitted Uses, and I further acknowledge Maker Media’s right to cut, edit, alter, distort, create illusionary effects and/or or combine photographs or other material bearing my likeness in connection with the Permitted Uses, without notice to, or approval by, me.
- I will not assert or maintain against Maker Media, Ford Motor Company, Team Detroit, or any other person acting on any of their behalves (collectively “Releasees”) any claim, action, suit, or demand of any kind, including but not limited to claims based on invasion of privacy or defamation, in connection with its exercise of the rights granted by this release, and I release Releasees from any and all claims, liabilities, demands, costs, and expenses whatsoever, whether or not known or anticipated, arising out of this release and/or exercise of the rights granted in it.
- In the event my appearance in any video should fall within the definition of Principal performer under the applicable Screen Actors Guild Commercials Contract (SAG) or the applicable American Federation of Television and Radio Artists Commercials Contract (AFTRA), I agree to be bound by the terms and conditions (including exclusivity) of the applicable Contract and agree to accept scale rates. In addition, for commercials produced for initial use on broadcast or cable TV and radio and moved over to the Internet or New Media (as defined in the current SAG and/or AFTRA Commercials Contracts), or for commercials produced for initial use on the Internet or New Media, I agree to accept scale rates and, at Advertiser’s option, 50% of a scale session fee which fee covers only unlimited editing under the applicable SAG or AFTRA Commercials Contract.
- I acknowledge that I have not relied on any representation or assurance as to how the rights granted by me hereunder may be exercised, that Maker Media has no obligation to exercise such rights, and that Maker Media may incur expenses and undertake obligations in reliance on this release. This release is granted by me in consideration of the opportunity for the Materials to be considered for use on and in connection with the Magazine.
- I warrant and represent that I am over 18 years of age, and that my signature below indicates my understanding of, and agreement to, the terms of this release.
- This release shall be interpreted according to the laws of California applied to agreements made and performed in California by California residents.