THE WESTELL HOMECLOUD APPLICATIONS CONTEST RULES

OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.

SPONSER: The Homecloud Applications Contest (“Contest”) is sponsored by Westell Technologies, 750 N. Commons Drive, Aurora, IL 60504 (“Sponsor”).

CONTEST PERIOD: Contest begins November 12, 2012 at 12:01 a.m. CST, and ends March 1, 2013 at 11:59 p.m. CST (the “Contest Closing Date”).

AGREEMENT TO THE OFFICIAL RULES: By participating in the Contest, all entrants fully and unconditionally agree to and accept these Official Rules and the Sponsor’s decisions which are final and binding in all matters related to the Contest. Winning a prize (described below) is contingent upon fulfilling all requirements set forth herein.

ELIGIBILITY: Open to legal residents of the fifty (50) United States and the District of Columbia, excluding Colorado, Maryland, North Dakota, & Vermont, who are 18 years of age (or the age of majority in their state of residence, whichever is older) or older and have registered on the Homecloud Developer website at http://www.homecloud.com/developer (the “Website”). Employees of Sponsor, its agents, affiliates, subsidiary and parent companies, sales representatives, distributors, wholesalers, licensees, advertising and promotion agencies and members of the immediate families or households of each such employee are not eligible to enter or win.

HOW TO ENTER: To enter, please follow the steps below:
  1. Develop a software application for the Homecloud platform.
  2. Visit the Website at http://www.homecloud.com/developer and fully complete the registration form. This will create a personal portal for each entrant.
  3. Submit each developed software application using the link identified on the personal portal, following the instructions found there. Entrants can submit multiple software application entries and can view the status of their entries.

Eligible software applications must load and run on the Homecloud Digital Home Manager or utilize the Homecloud Application Programming Interface (API), and also meet the other requirements described below. Applications are expected to provide some functionality to participants or devices in a Homecloud network.

Proof of Purchase is required to be eligible to receive the “Entry Prize.” Only entries submitted via the steps above will be accepted. Entries submitted via any other method, including but not limited to U.S. Postal Service, facsimile or other express delivery services, will NOT be accepted. Entries must be received no later than 11:59:59 p.m. on the Contest Closing Date. Limit one (1) entry per person per day. Entries by the same person in excess of the limits stated herein will be disqualified.

The Contest computer, as determined by Sponsor in its sole discretion, is the official time keeping device for the Contest. Entries become the property of Sponsor and will not be acknowledged or returned.

Entries (i) must be the original and sole creation of the submitting entrant, and all right, title and interest including but not limited to the copyright in any Entry, must be owned solely by the submitting entrant; (ii) may not have been submitted in any other competition, (iii) may not have been published; (iv) may not infringe upon any third party’s rights, including but not limited to, copyright, patent or trademark, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light; (v) may not violate any law, rule or regulation; (vi) may not contain any virus, bugs, or other deleterious material; and (vii) may not contain inappropriate content, for example but not limited to, profanity, defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic groups, threats to any person, place, business, or group. Each entrant warrants and represents that his/her Entry complies with all of those conditions. Any non-complying Entry will subject the entrant to disqualification in Sponsor’s sole discretion.

By submitting an Entry, entrant grants Sponsor a worldwide, royalty free license, in any and all media, now known or hereafter created, and to use, copy, prepare derivative works, distribute, and to display the entrant’s Entry materials. Entrants hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change or modify the entrant’s Entry, in its sole discretion.

Sponsor may, in its sole discretion, elect to make the Entry for any entrant (“Selected Entrants”) available for use by third parties on the Homecloud application center. In the event Sponsor makes this election, Sponsor will pay the Selected Entrant an additional licensing fee of $1,000. Selected Entrants must execute a written license agreement as well as an Affidavit of Eligibility/Ownership/Liability Release prior to receiving the licensing fee.


ODDS: Odds of winning depend on the total number of eligible Entries received during the Promotion Period. As this is a contest of skill, winning is dependent upon the quality of entries received and the skill of the individual entrants.

MERIT PRIZE JUDGING & WINNER SELECTION: At the end of the Entry Round, a qualified panel of judges will judge eligible entries on the basis of the following criteria:
  • Utility of Entry (50%): How useful, interesting and creative is the entry?
  • Quality of Application (25%): How well did the entrant develop the entry and how effectively does it operate?
  • Ease of Use (25%): How intuitive and/or well-documented is the entry from a novice user’s perspective?

Each Entry will then be awarded a score from 0 (poor) to 100 (outstanding) in each category. Sponsor will weight and tally all of the scores for each entry and then rank them according to cumulative scores. The Winner will be selected based on these rankings. In the event of any ties, the Finalist will be the entry among the tied entries with the highest score in the criterion of “Utility of Entry.” Decisions of judges are final and binding in all respects. Being named a Winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. Winners will be announced on or before March 31, 2013.



MERIT PRIZE WINNER NOTIFICATION: Winners will be notified by certified mail, phone and/or email and will be required to sign and return an affidavit of eligibility and liability/publicity release (where permitted) within 10 days of notification or prize will be forfeited and an alternate winner will be selected according to the above criteria. Return of any prize notification or prize as undeliverable will result in forfeiture of prize and awarding of the prize to the next highest scoring entrant.

PRIZES:

A.   Three (3) Merit Prizes. The Merit Prizes shall consist of the following:

  • One (1) Grand Prize: $5,000.
  • One (1) First Prize: $3,000.
  • One (1) Second Prize: $1,000.



Approximate Retail Value (“ARV”) of Merit Prizes is $9,000. Limit one (1) Merit Prize per person.

B.   Unlimited Entry Prizes: Each entrant who submits a valid proof of purchase and a qualifying software application (as described above) will receive $100. Entrants may only receive one (1) Entry Prize per valid proof of purchase submitted. Limit one Entry Prize per entry submitted. Entry Prizes will be delivered to the address listed in the registration form. Sponsor is not responsible for undeliverable or misdirected Entry Prizes.

Any difference between the stated ARV and actual value, if any, will not be awarded. All federal, state and local taxes and all other costs and expenses associated with the acceptance and use of a prize not specifically set forth herein as being provided is the responsibility of the Winner. Total ARV of all Prizes is at least $9,000 and is dependent upon the total number of entrants eligible for the Entry Prize.

LIMITATION ON PRIZES: Entrants may be eligible to receive both an Entry Prize and a Merit Prize. Sponsor reserves the right to substitute a prize (or portions thereof) of equal or greater value if prize (or portions thereof) cannot be awarded as described. Sponsor will determine all elements of prizes in its sole discretion. Prizes may not be assigned, transferred, changed or redeemed for cash, except at the sole discretion of Sponsor. Merit Prize Winners will also be required to complete and return a W-9 Form, including his/her Social Security number, which will be used only for the purpose of reporting the Winners’ prize earnings to the Internal Revenue Service as required by law.

PRIZES ARE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED.

Each Merit Prize winner will also be required to sign a declaration and release form (the “Release Form”) confirming compliance with the Official Rules, acceptance of a prize as awarded, without substitution, and releasing the Sponsor, their affiliated and related companies, advertising and promotional agencies, the independent contest organization and their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any liability in connection with a prize or the Contest. The Release Forms must be returned within the time period specified on the Release Form or the prize will be forfeited. Delivery of the prizes will be coordinated with the Winners by the Sponsor, upon receipt of the Release Form.


The awarding of any prize is contingent upon full compliance with these Official Rules. Entrants agree to be bound by Official Rules. Entrants understand that Sponsor is not liable for injuries, losses or damages of any kind arising from participation in this Contest and acceptance, possession and use of prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the contest or in the announcement of the prizes. Decisions of Sponsor are final and binding in all respects.


PRIVACY: Information collected from online entrants is subject to Sponsor’s privacy policy at http://www.westell.com/privacy

DISPUTE RESOLUTION Except where prohibited, by participating Contest entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant(s) and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Illinois without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this Contest, or awarding of the prizes, shall be filed only in the state or federal courts located in the State of Illinois and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Contest, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

OTHER: Sponsor assumes no responsibility for entries it is unable to process due to network, hardware or other technical failures, or any other reason, or incomplete, damaged, misdirected, illegible, stolen or lost entries. Sponsor reserves the right, in its sole discretion to disqualify any person tampering with the entry process, the operation of the web site or otherwise, in violation of the rules. CAUTION: Any attempt by an entrant or any other individual to deliberately damage any web 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 individual to the fullest extent permitted by law.

Sponsor reserves the right to disqualify any non-conforming entries. Sponsor further reserves the right, in its sole discretion, to cancel, terminate or modify this promotion if not capable of completion as planned, including infection by computer virus, technical corruption, non-authorized human intervention or force majeure. In the event of cancellation, Sponsor reserves the right to select Winners from among all eligible entries received prior to date of cancellation. The use of automated entry systems or any other conduct that impedes the integrity of the contest is prohibited. In the event of a dispute regarding online entry, entry will be deemed made by the authorized account holder of an established e-mail account associated with the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address.

GENERAL: Except where prohibited by law: (i) entry constitutes permission and a license to use entrant’s submission on Sponsor’s web sites and third party social media websites; (ii) entry constitutes permission to use each Merit Prize Winner’s name, hometown, voice, likeness, photograph and any statements regarding this Contest for editorial, public relations, promotional and advertising purposes on behalf of Sponsor without compensation; and (iii) potential Merit Prize Winners will be required to complete and return an Affidavit of Eligibility/Ownership/Liability Release within ten (10) days of notification or the entry with the next highest score may become an alternate Winner. If Merit Prize Winner notification is returned as undeliverable, the entry with the next highest score may become an alternate Winner. By participating and winning a prize, Winner releases Sponsor, and its parents, affiliates, subsidiaries and agencies and their respective directors, officers, employees and agents from any and all liability with respect to the prize won and participation in the contest, subject to all federal, state, provincial and local laws and regulations. Void where prohibited. Taxes on prizes are sole responsibility of Winner. For Winners’ names, available after April 15, 2013, send a separate, self-addressed, stamped envelope to Westell Homecloud Applications Contest Winners,750 N. Commons Drive, Aurora, IL 60504. Requests must be received no later than May 15, 2013.

Homecloud™ is a trademark of Westell Technologies, Inc.

To get started  Register Now


NO PURCHASE NECESSARY TO ENTER OR WIN. The Homecloud Applications Contest (“Contest”) is sponsored by Westell Technologies, 750 N. Commons Drive, Aurora, IL 60504 (“Sponsor”). Contest begins November 12, 2012 at 12:01 a.m. CST, and ends March 1, 2013 at 11:59 p.m. CST. Open to legal residents of the 50 United States, and the District of Columbia, excluding Colorado, Maryland, North Dakota, & Vermont, who are 18 or older (or the age of majority in their state of residence, whichever is older), except employees of Sponsor and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion and/or their respective agents, affiliates, subsidiaries, and members of their immediate families or persons residing at the same address. Odds of being selected for a prize depend on the total number of eligible entries received. As this is a contest of skill, winning is dependent upon the quality of entries received and the skill of the individual entrants. Approximate retail value of all prizes is at least $9,000. For official rules visit http://www.homecloud.com/developer.