2021 Simio Model Maker Design Contest

The complete contest rules

TERMS AND CONDITIONS FOR SIMIO’S ANIMATION MODEL CONTEST

1. BINDING AGREEMENT
1.1. By registering for the contest, Participants agree to be bound by the terms and conditions contained herein.
1.2. Participants agree to be bound by the decisions of Simio (herein the “Organizers”) and/or the Organizers of the contest.
1.3. The Organizers reserve the right to disqualify any Participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the contest, or obtained winner status using fraudulent means.
2. CONDITIONS OF SUBMISSION
2.1. Participants can submit one or more submissions to increase their chances of winning.
2.2. The contest shall end as of October 31sh, 2021, 11:59 PM Eastern Time.
2.3. Participants accept not to upload submission of any kind or any nature:
2.3.1. which infringes any third party’s intellectual property rights;
2.3.2. which is violent or pornographic, paedophilic, or likely to violate a minor's right;
2.3.3. which is a breach of public order or decency;
2.3.4. which is defamatory, libellous, or insulting of or to any individual or legal entity;
2.3.5. which is an invasion of privacy or which breaches privacy or any right of publicity;
2.3.6. which contains any virus, worm, Trojan horse or any computer file or program that is liable to interrupt, totally or partially destroy or restrict the functions of any computer or IT network directly or indirectly connected to Organizers’ activities; and/or
2.3.7. which otherwise breaches or is contrary to applicable laws and regulations.
2.4. Winner will be paid via Upwork.

3. INTELLECTUAL AND PROPERTY RIGHTS

3.1. By submitting an animation model to this contest, Participants thereby grant Organizers and affiliates an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of the submitted work at their discretion. Thus, the rights granted to Organizers include, but are not limited to, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted work in any manner it so desires.

3.2. By registering for the contest and submitting an animation model for the contest, Participant thereby represents and warrants that the submitted work or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party.

3.3. The Participants hereby grant all rights and licenses to Organizers herein, including but not limited to, all necessary rights under copyright, free and clear of any claims or encumbrances.

3.4. The Participants acknowledge and agree that the Organizers is not under an obligation to post, display or otherwise make publicly available any work submitted by a Participant.

3.5. The Participants further acknowledge and agree that Organizers may, in their sole and unfettered discretion, remove, edit, modify, or delete any work submitted by a Participant.

4. WAIVER OF LIABILITY AND AGREEMENT TO INDEMNITY

4.1. By submitting an animation model, each Participant thereby releases, forever discharges and covenants not to make a claim against or sue Organizers, their agents, privies, corporate successors in respect to this contest for any manner of action, at law or in equity, of any nature whatsoever, known, or unknown, fixed, or contingent, which a Participant may have or hereafter have against the Organizers of the contest in relation to the contest.
4.2. A Participant undertakes to indemnify Organizers fully and adequately against all damages, losses, injuries, costs, claims, expenses, legal fees, and cost of any kind or in any amount whatsoever which may be incurred, suffered, or sustained by the Organizers as well as against all actions, proceedings or claims relating to infringement of a third-party right which may be brought against Organizers as a consequence of using an animation model submitted by a Participant.

5. CONFIDENTIALITY

5.1. Apart from uploading the submissions on Simio’s website: https://simio.com/model-contest to be viewed by the Organizers, or any person(s) designated by Organizers, each Participant must keep his/her submissions confidential during the term of the contest. Such Participants hereto shall undertake not to divulge or communicate, to whomsoever, either directly or indirectly, any animation model submitted for the contest.

5.2. The above obligation of confidentiality is effective and shall survive the termination of this Agreement or the end of the contest.

6. SELECTION OF WINNING SUBMISSION

6.1. The selection of the winning model shall be done through the votes to be cast by the recipient of Organizers’ newsletter and followers of Organizers’ social media platforms.

6.2. Voters shall rely on the quality of the graphics of an animation model submitted by Participants in making their decisions.

6.3. The Organizer shall have the right to make the final decisions as to the winner of the contest, taking into consideration of the votes above and all other terms and conditions as provided herein.

7. DECLARATION

7.1. Participants acknowledge and agree as follows:

7.1.1. Organizers have constant access to several sources of works, concepts, ideas, innovation, and more generally creative materials of any kindwhatsoever, that are developed either internally by their own employees or externally by other sources prior to the contest and afterwards.

7.1.2. If an animation model submitted by a Participant includes an idea or suggestion, Organizers, their affiliates, or a company or a third party acting on its/their behalf may have previously worked on, may be working on or may in the future work on the same or a similar idea.

7.1.3. For reasons of confidentiality, Organizers shall be under no obligation to give the Participant any information relating to any similar idea originated by Organizers, their agents or employees.

7.1.4. Organizers may continue to develop and initiate the development of any similar Idea or suggestion independently of, and without acknowledging, the Participant’s idea or suggestion.

8. RESOLUTION OF DISPUTE

8.1. In the event of any dispute, the Organizers shall interpret the terms and conditions contained herein to resolve such dispute, conflicting claim or ambiguities concerning this terms and conditions and the contest in general.

8.2. All decisions reached by the Organizers are final. The Organizers may waive any of the terms or conditions contained herein in their sole discretion.

9. ELIMINATION

9.1. Any false information provided within the context of the contest by any Participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with the terms and conditions contained herein shall result in the immediate elimination of the Participant from the contest.

9.2. The Organizers further reserve the right to disqualify any entry that it believes in their sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with the terms and conditions contained herein or violates any applicable laws in the United States of America.

9.3. The Organizers reserve the right to disqualify any Participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the contest, or obtained winner status using fraudulent means.

10. WARRANTIES

10.1. All Participants warrant that they are the sole proprietors of the intellectual property rights in their submission.

10.2. In the event the Participants are not the sole proprietors of the aforementioned rights, the Participants irrevocably warrant to Organizers that before making the submissions available, they have obtained all of the authorizations, licenses and rights required to grant the authorizations, licenses and assignments stipulated in this terms and conditions of the contest, in writing from all proprietors of intellectual property rights in their submissions, from each of the authors who have contributed to their submission, and/or from all of the people having submitted an idea during the development or the making of the submission, allowing the Participants to grant such rights under this terms and conditions and allowing Organizers to use and exploit the submissions as envisaged herein without Organizers having to pay such people any monies/fees/royalties.

10.3. The Participants irrevocably undertake to provide Organizers at any time, upon request, with written proof or a copy of all written documents confirming such authorizations, licenses, and grants of rights.

11. TERMINATION OF THE CONTEST

11.1. If the conduct or outcome of the contest is affected by human error, any mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, intentional interference, or any event beyond the control of the Organizers, the Organizers reserve the right to end the contest, or make such other decisions regarding the outcome as it deems appropriate.

11.2. The Organizers reserve the right to withdraw or terminate this contest at any time without prior notice.

12. APPLICABLE LAW AND JURISDICTION

12.1. The terms and conditions contained herein are to be governed by the laws of the state of Pennsylvania, without regard to its conflict of laws statutes.