SUBMISSION OF AN ENTRY CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE RULES.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN.
ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY.
THE CHALLENGE IS VOID WHERE OTHERWISE PROHIBITED BY LAW.
A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
These Official Rules, Terms & Conditions (the “Rules”) apply to the Alexa Diabetes Challenge (the “Challenge”). The Challenge is sponsored by Merck & Co., Inc., Kenilworth, New Jersey, U.S.A. (“Merck”), a pharmaceutical company located at 2000 Galloping Hill Road, Kenilworth, NJ 07033, USA. The Challenge is administered by Luminary Labs, LLC (“Luminary Labs”) located at 30 West 22nd St., Floor 6, New York City, NY, 10010, U.S.A. Please read these Rules carefully before submitting an Entry (as defined below).
In addition to these Rules, please also review the Luminary Lightbox Terms and Conditions for additional rules that apply to your participation in the Challenge and more generally to your use of the Challenge Website (as defined below). If there is a conflict between the Luminary Lightbox Terms and Conditions and these Rules, these Rules shall control with respect to this Challenge only.
1) THE CHALLENGE
The Challenge calls on innovators to create Alexa voice-enabled solutions to improve the lives of those with type 2 diabetes.
As described in greater detail on the Challenge Website, the Challenge will be conducted in five phases: (1) launch and open submissions; (2) Round One judging of submissions and selection of up to five finalists; (3) Virtual Accelerator (inclusive of finalist mentorship and a Boot Camp); (4) Demo Day where finalists present their solutions to the judges and a live audience; and (5) Round Two judging and selection of a winner.
The Challenge will open to submissions on Monday, April 10, 2017 at 9:00 AM ET and will close to submissions on Monday, May 22, 2017 at 5:00 PM ET (see Section 3 below). Luminary Labs is the official timekeeper of the Challenge. Entries will be evaluated based on the judging criteria set forth in Section 6 below.
The Challenge is open only to (1) individuals who serve as Team Leads (as defined below) who are United States citizens or permanent residents of the United States each of whom are 18 years of age and over, or (2) an entity incorporated in and maintaining a primary place of business in the United States. Foreign citizens can be listed as Team Members by an eligible Team Lead or can enter as employees of an entity that is properly incorporated in the United States and maintains a primary place of business in the United States.
Entrants to the Challenge must be of the legal age of majority, at the time of entry, to form valid contracts in their respective jurisdiction of legal residence (each individual/Team Lead and each entity is referred to as an “Entrant” in these Rules). Affiliated Persons (as defined below) are ineligible to participate in the Challenge.
Persons and entities in any jurisdiction subject to embargo by the United States, or any jurisdiction where the Challenge would be prohibited or restricted by law, are not eligible to participate in the Challenge, either as an Entrant or as a member of a team.
Special note to individuals who are listed by the Team Lead on the submission form as Team Members: THE INDIVIDUAL LISTED AS THE PRIMARY CONTACT (“TEAM LEAD”) IS THE OFFICIAL ENTRANT IN THE COMPETITION. THIS TEAM LEAD MUST BE A U.S. CITIZEN OR PERMANENT RESIDENT ELIGIBLE TO RECEIVE PAYMENT IN THE UNITED STATES. CHALLENGE AWARDS WILL BE AWARDED TO AND PAID SOLELY TO THE TEAM LEAD. THE TEAM LEAD IS RESPONSIBLE FOR ANY APPLICABLE LOCAL, STATE, AND FEDERAL TAXES AND REPORTING THAT MAY BE REQUIRED UNDER APPLICABLE TAX LAWS.
Teams Leads may not add, remove, or substitute Team Members or otherwise change the composition of the team following submission.
Special note to Entrants who are entering as an entity: If an Entrant is an entity, the Entrant warrants that the appropriate officers, executives, managers, or other persons who have the authority to approve Entrant’s Entry have approved the Entry and these Rules bind such entity. Furthermore, the Entrant understands that if the Entrant enters without obtaining appropriate internal approvals, Luminary Labs may, in its sole discretion, disqualify the Entrant’s Entry. Finally, if an entity is selected to receive an Award, an officer or person entitled to bind the entity will be required to validate that the Entrant is entitled to receive the Award on the behalf of the entity and the officer or person entitled to bind the entity must provide the appropriate information for payment of the Award.
As used herein, the term “Affiliated Persons” means (a) the trustees, directors, officers, members, employees, clients, shareholders, representatives and affiliates of Luminary Labs, Merck, Amazon.com, Amazon Web Services, Amazon Alexa, and any entity associated with the funding, administration, or processing of the Challenge, and (b) the members of the Immediate Family (as defined below) of any of the persons identified in the foregoing clause (a). The term “Immediate Family” includes a person’s spouse/domestic partner and the parents, siblings, children and grandchildren of the person and his or her spouse/domestic partner.
The eligibility of any Entrant is subject to verification at any time. Failure to comply with any request for written confirmation, or failure to cooperate with any investigation, is grounds for disqualification. Entrants who are determined at any time to have violated the eligibility criteria will be disqualified from the Challenge.
3) HOW TO ENTER
Entrants must enter a submission on http://www.alexadiabeteschallenge.com (the “Challenge Website”) and complete all required fields of the Challenge submission form (each, an “Entry”) before the close of open submissions on Monday, May 22, 2017 at 5:00 PM ET. Entrants will be prompted to register on the Luminary Lightbox platform before they can complete the submission form. The Entrant must complete all of the required fields in the Challenge submission form in accordance with these Rules. Entrants may submit more than one entry, but must complete the submission in its entirety and in accordance with these Rules for each entry. Entrants are advised to submit an Entry at least one hour before the deadline to ensure the completed submission is received by the stated deadline. Upon submitting an Entry, Entrants will no longer be able to make edits or updates to the submission. Entrants chosen as finalists who wish to participate in subsequent rounds of the Challenge and be considered for subsequent awards may be required to submit a Round Two Submission at the end of the Virtual Accelerator Phase.
Entrants chosen as finalists will be required to travel to a) participate in the Boot Camp, currently scheduled to take place in the greater Seattle, Washington area and b) present their solutions to the judges, in-person, on Demo Day, currently scheduled to take place in the greater New York City area. Team Leads may nominate up to two (2) individuals listed as Team members on the submission form to attend these events, but the Team Lead is strongly encouraged to attend. Locations are subject to change.
Finalists must be in sufficient physical and mental condition for safe travel to the event locations described on the Challenge Website and must possess a valid passport or other ID and all other documents required for such travel. Finalists are responsible for arranging their own travel and accommodations, including without limitation all airfare, ground transportation, meals, passports, visas, or any other required documents. Luminary Labs is not affiliated with, and has no control over, any travel or accommodation providers. Luminary Labs is not responsible for delays, cancellations, or other problems with travel or accommodations resulting from any carriers, hotels, travel agents, weather, fires, strikes, bankruptcies, governmental actions, wars, terrorism, or any other causes beyond the reasonable control of Luminary Labs.
If a submission includes the work of any third party, the Entrant must be able to provide, upon the request of Luminary Labs, documentation of all appropriate licenses and releases for such third party works. If an Entrant cannot provide documentation of all required licenses and releases, Luminary Labs reserves the right, in its sole discretion, to disqualify the applicable submission or direct the Entrant to secure the licenses and releases within three (3) days of notification of the missing documentation in order for the Entrant to be eligible. In addition, Luminary Labs reserves all rights to pursue an Entrant for claims based on damages incurred by the Entrant’s failure to obtain such licenses and releases (see Sections 7 and 8 below).
Luminary Labs reserves the right to modify any dates or deadlines set forth in these Rules or otherwise governing the Challenge. For more information regarding the Challenge timeline following the submission of an entry, please visit the Challenge Website.
None of Luminary Labs, Merck, Amazon.com, Amazon Web Services, or Amazon Alexa shall have any liability for any Entry that is lost, intercepted, or not received by Luminary Labs. None of Luminary Labs, Merck, Amazon.com, Amazon Web Services, or Amazon Alexa assumes any liability or responsibility for any error, omission, interruption, deletion, theft, destruction, or unauthorized access to, or alteration of, submissions.
Notwithstanding the foregoing, if an Entrant experiences a technical problem with the Challenge Website, the Entrant must immediately contact firstname.lastname@example.org, and provide an explanation including screenshots of the technical problem experienced, and a copy of the Entry. Luminary Labs may, in its sole discretion, accept the Entry at issue if it can confirm that a technical problem occurred with the Challenge Website system and that the technical problem affected the Entrant’s ability to submit an application by the stated deadline.
Unlawful, plagiarized, third-party intellectual property infringing, unintelligible, illegible, obscene, indecent or incomplete entries will be disqualified in Luminary Labs’ sole discretion. Luminary Labs reserves the right to scrutinize all Entries for these requirements at any time during or after the Challenge.
Luminary Labs reserve the right in its sole discretion to disqualify any Entrant who is found to be tampering with the entry process or the operation of the Challenge or the Challenge Website, to be acting in violation of these Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Challenge, or to annoy, abuse, threaten, or harass any other person.
From the $250,000 total Challenge prize pool, up to five finalists will each be awarded $25,000 and 10,000 AWS credits following the judging of the Round One submissions. Finalists will improve upon and revise their submissions during the Virtual Accelerator Phase. At the conclusion of the Virtual Accelerator Phase, finalists may be required to submit a Round Two submission and must present on Demo Day. After Demo Day, a judging panel will select one winner from the pool of finalists to receive $125,000 grand prize.
Prizes awarded under this competition will be paid by electronic funds transfer. Winners are responsible for any applicable local, State, and Federal taxes and reporting that may be required under applicable tax laws.
The payments are in recognition of the development of the technological solution proposed in the submission and to support participation in Challenge activities described on the Challenge Website. Entrants who do not agree to participate in subsequent rounds of the Challenge will not be eligible to receive a Round One or Round Two award; failure to comply with award requirements may result in disqualification.
Winners (including all Team Members) may also be required to execute an Affidavit of Eligibility, a Liability Release, and a Publicity Release (collectively, the “Award Claim Documents”) as a condition to receiving an award. If an award winner fails or refuses to sign and return all Award Claim Documents within ten days of Luminary Labs’ request (or a shorter time as exigencies may require), the award winner may be disqualified and an alternate award winner may be selected. No more than the advertised number of awards will be awarded. Awards will be delivered only to an address in the United States.
THE WINNERS ARE RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY TO ACCEPTING AN AWARD; LUMINARY LABS, MERCK, AMAZON.COM, AMAZON WEB SERVICES, AND AMAZON ALEXA ARE NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
The value of each prize may be taxable to each winner as income. If required, an IRS Form 1099 will be issued by Luminary Labs in the name of each winner for the value of the prize(s) received.
Each Entrant retains full ownership of their Entry; provided, however, that Entry submission materials will not be returned. In addition, by participating in the Challenge, each Entrant hereby irrevocably grants to the each of Luminary Labs, Merck, Amazon.com, Amazon Web Services, and Amazon Alexa, a limited, non-exclusive, royalty free, worldwide, license and right to reproduce, publicly perform, publicly display, and use its entry to the extent necessary to administer or promote the Challenge, and to publicly perform and publicly display the content from the Entry, including, without limitation, for advertising and promotional purposes relating to the Challenge.
The Entrants selected as winners of the Challenge, as a condition to accepting their respective Awards, hereby grant to each of Luminary Labs, Merck, Amazon.com, Amazon Web Services, and Amazon Alexa a non-exclusive, perpetual, royalty free, sub-licensable, worldwide, license and right to post on Luminary Labs’, Merck’s, Amazon.com’s, Amazon Web Services’, and/or Amazon Alexa’s websites: (a) such Entrants’ Entries and/or any related supplemental entry materials (via web link, iframe, or other presentation modality) and/or (b) a web link to any website at which the Entrant’s application is made available by the Entrant (either directly or through a third-party) for download or purchase.
6) JUDGING CRITERIA
An independent panel of judges, selected by Luminary Labs, will score submissions during two (2) rounds of judging based on the criteria below to select finalists and a winner. All decisions are final and binding. The judging scores will not be posted or otherwise made available. Feedback will not be provided.
Round One Criteria
In Round One, entries will be evaluated according to the criteria below. Each of the criteria is weighted equally.
- Impact. Extent to which the solution demonstrates potential to support people newly diagnosed with type 2 diabetes and considers the potential benefit of having other stakeholders (e.g., caregivers, healthcare providers, payers, etc.) interact with the solution.
- Experience. Degree to which the concept engages and seamlessly serves the unique needs of one or more segments of the population of those newly diagnosed with type 2 diabetes.
- Innovation. Degree to which the concept takes advantage of the unique capabilities of the voice recognition interface to incorporate supporting technologies and create a comprehensive solution.
- Vision. Extent to which the solution illustrates the future potential of voice technology to address the needs of those living with type 2 diabetes or other chronic diseases and the stakeholders supporting them.
- Team Potential. Perceived ability and commitment of Entrant and team to develop the concept into a working prototype by the end of the Challenge and sustain it beyond the Challenge timeframe.
Round Two Criteria
In Round Two, the finalists will be evaluated based on the Round One Criteria above and additional criteria, that will be provided to the finalists during the Virtual Accelerator.
7) REPRESENTATIONS AND WARRANTIES
By participating in the Challenge, each Entrant represents, warrants, and covenants to each of Luminary Labs, Merck, Amazon.com, Amazon Web Services, and Amazon Alexa as follows: (a) the Entrant, in collaboration with the team listed on the submission, is the sole author, creator, and owner of its submission; (b) the Entrant’s submission: (i) is not the subject of any actual or threatened litigation or claim, (ii) does not, and will not, violate or infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party, and (iii) does not, and will not, contain any harmful computer code (sometimes referred to as “malware,” “viruses,” or “worms”); and (c) the submission, and the Entrant’s use of the submission, does not, and will not, violate any applicable laws or regulations of the United States.
Each Entrant agrees to indemnify, defend, and hold harmless each of Luminary Labs, Merck, Amazon.com, Amazon Web Services, and Amazon Alexa and any entity associated with the funding, administration, or processing of the Challenge and each of their respective trustees, directors, officers, shareholders, members, employees, contractors, agents, representatives and affiliates (collectively, the “Indemnified Parties”), from and against all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to, or arising from, the Entrant’s participation in the Challenge or any breach or alleged breach of any of the representations, warranties, and covenants of the Entrant hereunder.
9) PUBLICITY RELEASE
By participating in the Challenge, in addition to any other rights granted herein or which may be granted in any other agreement entered into between Luminary Labs, Merck, Amazon.com, Amazon Web Services, and/or Amazon Alexa, on the one hand, and any Entrant, on the other hand, each Entrant, to the extent allowed by applicable law, hereby irrevocably (a) grants to each of Luminary Labs, Merck, Amazon.com, Amazon Web Services, and Amazon Alexa the right to use such Entrant’s name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and promotional purposes relating to the Challenge and (b) releases each of Luminary Labs, Merck, Amazon.com, Amazon Web Services, and Amazon Alexa from any liability with respect thereto.
Attempts to notify finalists and winner(s) will be made using the email address associated with the Team Lead’s Luminary Lightbox account. Luminary Labs is not responsible for email or other communication problems of any kind.
If, despite reasonable efforts, an Entrant does not respond within three (3) days of the first notification attempt regarding selection as a semi-finalist, finalist, or overall winner (or a shorter time as exigencies may require), or if the notification is returned as undeliverable to such Entrant, that Entrant may forfeit the Entrant’s award opportunity which then may be awarded to an alternate recipient.
11) CHALLENGE TERMINATION
Luminary Labs reserves the right to suspend, postpone, cease, terminate or otherwise modify this Challenge in the event circumstances arise which make it impractical to continue to the Challenge as originally planned. In such circumstances, Luminary Labs will attempt, to the extent reasonably possible, to distribute the planned awards in a fair and equitable fashion; provided that no guarantee is made that any awards will be distributed.
12) GENERAL LIABILITY RELEASE
Each Entrant agrees that none of the Indemnified Parties (a) shall be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the Challenge or any Challenge-related activity, or from Entrants’ acceptance, receipt, possession, use, or misuse of any award, and (b) have made any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, regarding such prize’s merchantability or fitness for a particular purpose. Luminary Labs and Merck assume no responsibility for any damage to an Entrant’s computer system which is occasioned by accessing the Challenge Website or participating in the Challenge, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions, or network connections that are human or technical in nature.
The failure of Luminary Labs to exercise or enforce any right or provision of these Rules shall not constitute a waiver of such right or provision.
14) FORCE MAJEURE
In the event an insufficient number of eligible entries is received, or the Challenge is not able to continue as contemplated herein by any event beyond the reasonable control of Luminary Labs and/or Merck, including, without limitation, fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Luminary Labs’ and/or Merck’s control (“Force Majeure”), Luminary Labs shall have the right, in its sole discretion, to modify, suspend, or terminate the Challenge.
The invalidity or unenforceability of any provision of these Rules shall 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 shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
16) GOVERNING LAW/JURISDICTION
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS, LUMINARY LABS, MERCK, AMAZON.COM, AMAZON WEB SERVICES, AND/OR AMAZON ALEXA IN CONNECTION WITH THE CHALLENGE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAWS RULES OR PROVISIONS. ANY LEGAL CLAIMS ARISING FROM OR RELATING TO THE CHALLENGE OR THESE RULES MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN WASHINGTON DC, AND EACH ENTRANT HEREBY CONSENTS AND WAIVES ANY OBJECTION TO THE JURISDICTION OF SUCH COURTS FOR SUCH DISPUTES.
17) WINNERS LIST/OFFICIAL RULES/CONTACT
To obtain a list of finalists and winner(s) (after the conclusion of the Challenge) or a copy of these Official Rules, Terms and Conditions, send a self-addressed envelope with the proper postage affixed to: Luminary Labs, 30 West 22nd St., Floor 6, New York City, NY, 10010. Please specify “Winners List” or “Official Rules, Terms & Conditions” and the name of the specific challenge in your request.
18) INTERNATIONAL USE
The Challenge Website is operated in the United States. If you are located outside the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Challenge Website and/or providing us with any information, you consent to this transfer.
19) CONTACT US
Questions or comments regarding the Challenge, including any reports of non-functioning links, should be submitted to email@example.com.