1. ELIGIBILITY. The Musemaka (“MM”) Idea Challenge (“Contest”) is open to: (a) individuals or sole proprietors who have reached the older of 18 years old or the age of majority in their jurisdiction of residence and have the full legal capacity to participate in this Contest at time of entry; or (b) privately held businesses that have not generated more than $1 million USD in gross annual revenues and no more than $1 million USD in outside funding. The Contest and these Official Rules are void where prohibited by law, and are subject to applicable laws. Our employees, parents, affiliates and subsidiaries, and participating advertising and promotion agencies and prize suppliers (and members of their immediate family (spouse, domestic partner, parent, child, sibling and their respective spouses, regardless of where they reside) or those living in their household, whether or not related) are not eligible. Entrants may not be a national or legal permanent resident of any of the following countries: Burma, Cuba, Iran, North Korea, Sudan or Syria. Entrants may not be members of any guild, union or other organization that may prohibit them from participating in this Contest and that would restrict, require due payment or otherwise have the right to oppose such entrant’s participation in this Contest. Prizes will be awarded in the name of the individual or business that entered. Any individual submitting an entry on behalf of a business entity represents and warrants that he/she is authorized to submit an entry on behalf of such business entity. This Contest is a skill-based contest, and as such, the winners will not be selected randomly, but on the basis of objective judging criteria (as set forth below). PARTICIPATION EXPENSES WILL NOT BE REFUNDED.
2. HOW TO ENTER. Entry is on a rolling basis and you may enter at any time. We accept no more than 1,000 entries in a single Contest. When a single Contest is closed (the “Close”), that is has 1,000 qualified entrants, further entries are counted toward a subsequent Contest. We will hold any and all Contests open until there are 500 qualified entries or up to a period of one-year, whichever comes first. To enter, visit http://www.musemaka.com (the “Contest Website”). You will be directed to complete the entry form, which can be found at http://www.musemaka.com/enter by following the instructions provided, and you must submit a description of your suggested product, Web site, software application/tool, service, or any other system that you wish to enter after filling out a Worksheet that provides additional information on your entry. Each entry form, worksheet, and Business Proposition (collectively, the “Entry”) submitted must be in the English language and the original creation of the entrant. Entries that do not meet the requirements set forth in these Official Rules may be disqualified in our sole discretion. Only one Entry may be submitted by any entrant. Entrants are responsible for all costs associated with preparing and submitting their Entries, including application fees, software applications, and building and testing prototypes. All Entries or Business Propositions that violate any intellectual property, local, state, provincial or federal laws or violate any entrant’s employer’s policies will be deemed ineligible. Our servers and record keeping will be deemed the official log for the Contest and the entrant’s proof of submission does not constitute proof of our receipt. Released Parties (as defined below) are not responsible for lost, misdirected, illegible, incomplete, inaccurate, delayed, garbled or unintelligible Entries. Entries will not be returned to the entrants.
3. JUDGING. All qualified Entries will be judged by a panel of qualified judges that we select (“Philadev Judging Panel”). The Philadev Judging Panel will judge the qualified Entries using the following judging criteria: (a) ease of launch and probable time to revenue; (b) originality and creativity; (c) likelihood of long-term success and scalability; (d) effectiveness in addressing a need in the marketplace, and (e) any contest specific criteria listed on the “Index” or “Why Enter” pages for a particular Contest (the “Judging Criteria”). The winner will be selected within thirty days of the Close of a particular Contest. We reserve the right not to award a prize or prizes if, in our sole discretion, we do not fully subscribe a particular Contest or if the Philadev Judging Panel is unable to identify any Entry that it believes, in its professional judgment, represents an exceptional business opportunity that meets the Judging Criteria.
5. ENTRANT REPRESENTATION AND WARRANTIES. By entering, each entrant represents and warrants that (a) if the entrant is a business, it is privately held and has not generated more than $1 million USD in gross annual revenues; (b) it has not obtained more than $1 million USD in outside funding; and (c) the Business Proposition entered is original and was created solely by the entrant and will not violate the rights of any third party or law, code, regulation or ordinance.
6. PRIZES. For each Contest, the Philadev Judging Panel will select a winning Entry (the “Winner”) to receive: · A cash prize of U.S. $1,000 .00; · 6 one-hour mentoring sessions from Philadelphia Development Group Ltd. (having a cash value of $600.00); · Inclusion in a press release about the Contest. General Prize Conditions: Prizes will be delivered up to 90 days after the winners are announced. The mentoring sessions awarded may not be redeemed for cash and must be used within one year of the Contest’s end. ALL TAXES ASSOCIATED WITH ANY PRIZE ACCEPTANCE ARE THE SOLE RESPONSIBILITY OF THE WINNERS. All other taxes, costs and expenses associated with acceptance and use of any prize not specified in these Official Rules as being provided are the sole responsibility of the winners. IF TAXES ARE APPLICABLE TO THE PRIZE(S), IT IS THE RESPONSIBILITY OF THE WINNER TO PAY TO THE APPROPRIATE AUTHORITIES. We reserve the right to substitute any non-cash prize (or portion thereof) for an item of comparable or greater value, at our sole discretion. Prizes are awarded without warranty of any kind from us, express or implied, without limitation. PAYMENTS TO CONTEST WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THE WINNER SUBMIT ALL DOCUMENTATION REQUESTED BY US TO PERMIT COMPLIANCE WITH ALL APPLICABLE STATE, FEDERAL, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. Contest winners are responsible for ensuring that the tax documentation submitted to us complies with all applicable tax laws and requirements. If a winner fails to provide the documentation or submits incomplete documentation, the prize may be forfeited and we may, in our sole discretion, select an alternate winner.
7. ADDITIONAL CONDITIONS OF PARTICIPATION FOR ENTRANTS. The Philadev Judging Panel may request additional information from the entrants as may be necessary to judge the Business Propositions, including by not limited to the Entrants copy of the “Musemaka Worksheet”, and the entrants must respond to any requests for additional information within 3 business days from the time the request is made. Potential Winners (or, if a potential Winner is not an authorized representative of the business, an authorized representative of the business) will be required to sign and return an Affidavit of Eligibility, a Liability/Publicity Release, and provide any additional tax filing information (such as a W-9, social security number or Federal tax ID number) within 5 calendar days following the date of first attempted notification. The Affidavit of Eligibility will certify, among other things, the following: (a) if the entrant is a business, it is privately held and has not generated more than $1 million USD in gross annual revenues; (b) it has not obtained more than $1 million USD in outside funding; and (c) the Business Proposition entered is original and was created solely by the entrant and will not violate the rights of any third party or law, rules, regulation or ordinance. Failure to comply with these deadlines or with these Official Rules may result in forfeiture of place as a Winner.
8. RIGHT OF PUBLICITY. By submitting an Entry, each entrant agrees to the publishing of his/her name, business logo, city/state/province/country on http://www.musemaka.com and http://www.philadev.com and inclusion in a press release and other media coverage if he/she is selected as a Winner. Acceptance of prizes by Winners constitutes permission for us and our affiliates, agencies and designees to use Winners’ names or likenesses, city/state/province/country and company names’, trademarks and logos for advertising and promotional purposes relating to the Contest in any and all media now or hereafter devised, worldwide in perpetuity (or to the maximum extent permissible under applicable law), without additional compensation, notification or permission, unless prohibited by law.
9. LIMITATION OF LIABILITY. By participating in the Contest, each entrant will not hold us or our parents, affiliates and subsidiaries, and advertising and promotion agencies, and all of their respective directors, officers, employees and assigns (collectively, “Released Parties”) responsible for any injury or damage caused or claimed to be caused by the entrant’s participation in the Contest or acceptance and use of any prize (including any travel or activity-related to the prize or the Contest). Nothing in these Rules will limit the Released Parties’ liability for death or personal injury caused by that party’s negligence or fraudulent misrepresentation. Released Parties are also not responsible for any unauthorized third party use or dispute with respect to the Submission Materials (as defined below).
10. TREATMENT OF BUSINESS PROPOSITIONS. By participating in the Contest, each entrant warrants that it has the authority as sole owner of its Business Proposition to provide it to us, and that its Business Proposition and any other materials or information provided by it in connection with the Contest (collectively, “Submission Materials”) do not infringe or misappropriate any intellectual or other property right of any other person or entity, including any patent or trade secret. Each entrant understands that his/her Submission Materials are non-confidential and may be made public, in whole or in part. By submitting an Entry, each entrant grants to us and our affiliates the irrevocable, royalty-free right to use all or a portion of the Submission Materials, along with the entrant’s name and company name, trademarks and logos, in any promotional materials produced by us or our affiliates. Further, we and our affiliates will have the right to otherwise use and disclose any Submission Materials in connection with the Contest. The foregoing grants shall be limited for a period of 2 years for all eligible Entries and in perpetuity for Entries submitted by the Winners (or to the maximum extent permissible under applicable law). The entrants, by these Official Rules, do not grant any other rights to us or our affiliates under existing or future copyrights or patents. The entrants should be guided by their own attorneys as to the desirability of seeking patents or other protection for their Business Propositions. Each entrant acknowledges that we or our affiliates may currently or in the future be developing information internally, or receiving information from other parties, that is similar to Submission Materials (“Our Developed Materials”). Nothing in these Official Rules will be construed as a representation or agreement that we or our affiliates will not develop or have developed products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in any Submission Materials. Each entrant agrees to waive any claims or action he/she has or may have in connection with Our Developed Materials.
11. LIMITATION OF TECHNICAL LIABILITY. Released Parties are not responsible for transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by us on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. Released Parties are not responsible for injury or damage to any entrant’s or any other computer resulting from downloading any materials in connection with the Contest.
12. RIGHT TO TERMINATE CONTEST. We, in our sole discretion, reserve the right to terminate the Contest in the event it does not receive a minimum of 1,000 qualified Entries from separate eligible entrants. And, 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 this Contest, we may, in our sole discretion, change these Official Rules or cancel, terminate, modify, or suspend the Contest. If terminated, we may select Winners from all non-suspect, eligible entries received as of the termination date using the judging procedure outlined above. We may disqualify any individual found to be tampering with the entry process or the operation of the Contest or website; to be acting in violation of these Official Rules; or be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person and void all associated entries.
13. CHOICE OF LAW. This promotion is governed by U.S. law and is subject to all applicable federal, state, and local laws. Any and all legal actions or claims arising in connection with this promotion must be brought in a court of competent jurisdiction in Philadelphia, Pennsylvania.
15. SPONSOR. The sponsor of this Contest is Philadelphia Development Group Ltd (“we” or “us”), 1229 Chestnut Street, Box 146, Philadelphia, PA 19106