AWS City on a Cloud Challenge 2020

Entrants (“Entrants”,“You,” or “Your”) to the AWS City on a Cloud Challenge 2020 (the “Challenge”) sponsored by Amazon Web Services (“AWS,” “we,” “us,” or “our”) by participating, agree to be bound by the terms of these rules (the “Official Rules”), the AWS Privacy Notice located at https://aws.amazon.com/privacy/, the AWS Customer Agreement (available at http://aws.amazon.com/agreement/ or https://aws.amazon.com/aispl/agreement/ as applicable) or other agreement between you and AWS governing your use of AWS Services (“AWS Services Agreement”) (including without limitation the AWS Service Terms located at http://aws.amazon.com/serviceterms or https://aws.amazon.com/aispl/service-terms/ as applicable), and by AWS’s and the judges’ decisions, which are final and binding on all matters pertaining to the Challenge.

ELIGIBILITY. The Challenge is open to eligible Entrants in the “AWS Quality of Life Award” category,” “AWS Shape Your Future Award” category, “AWS Bright Futures Award” category,” and “AWS Gamechangers Award” category, (each, a “Category” and collectively, the “Categories”) as set forth below.

General Eligibility Requirements: For all Categories, each Entrant must at the time of submitting the Entry on behalf of their organization: (a) be the older of 18 years old or the legal age of majority in their jurisdiction of residence; (b) be a legal resident of Argentina (excluding the provinces of Mendoza, Córdoba, Neuquén and Tierra del Fuego), Australia, Austria, Bahrain, Belgium, Canada (excluding Quebec), Chile, Colombia, Costa Rica, Denmark, Finland, France, Germany1, Hungary, India, Indonesia, Ireland, Israel, Luxembourg, Kuwait, Malaysia, Mexico, Netherlands, New Zealand, Norway, Philippines, Peru, Poland, Portugal, Switzerland, Singapore, South Africa2, South Korea, Spain, Sweden, Thailand, United Arab Emirates, or the United Kingdom (each, an “Authorized Country,” and collectively, the “Authorized Countries”); and (c) have the full legal capacity and authority to (i) participate in this Challenge, (ii) bind the Public Sector Entity or Corporate Entity (defined below) he/she represents to these Official Rules so that all obligations, representations, license grants, and commitments herein are fully valid and effective. Individuals or entities that are subject to or resident in a country subject to sanctions implemented by the US Department of Treasury Office of Foreign Assets Control sanctions are not eligible. If an Authorized Country (or an Entrant or Public Sector Entity or Corporate Entity on whose behalf Entrant entered the Challenge) is placed on a United States’ prohibited or restricted party list or is subject to OFAC sanctions prior to acceptance of a Challenge Prize, AWS may disqualify Entrant and void Entrant’s Entry.

For the “AWS Quality of Life Award” and “AWS Shape Your Future Award” categories, in addition to the General Eligibility Requirements, each Entrant must at the time of submitting the Entry on behalf of their organization be an employee, elected official, or authorized representative of (a) a national, regional, local or other subnational governmental entity that is (i) located in one of the Authorized Countries and (ii) an AWS customer with an AWS account (a “Government Entity”), (b) a K-12, primary, secondary, public, or private school, college or university that is (i) located in one of the Authorized Countries and (ii) an AWS customer with an AWS account (an “Educational Entity”), (c) a healthcare institution that is (i) located in one of the Authorized Countries and (ii) an AWS customer with an AWS account (a “Healthcare Entity”) or (d) a non-profit organization that is (i) located in one of the Authorized Countries and (ii) an AWS customer with an AWS account (“Non-Profit Entity”) (each Government Entity, Educational Entity, Healthcare Entity, and Non-Profit Entity, hereinafter referred to as a “Public Sector Entity”).

For the “AWS Bright Futures Award” category, in addition to the General Eligibility Requirements, each Entrant must at the time of submitting the Entry on behalf of their organization be an employee of a for-profit, commercial entity that is (a) legally headquartered in one of the Authorized Countries and (b) an AWS customer with an AWS account (each, a “Corporate Entity”);

For the “AWS Gamechangers Award” category, in addition to the General Eligibility Requirements, each Entrant must at the time of submitting the Entry on behalf of their organization be an employee, elected official, or authorized representative of a Public Sector Entity or Corporate Entity.

REFERENCES IN THESE OFFICIAL RULES TO “ENTRANT”, “YOU,” AND “YOUR” MEAN THE RELEVANT PUBLIC SECTOR ENTITY OR CORPORATE ENTITY, OR TO THE INDIVIDUAL WHO SUBMITS THE ENTRY ON BEHALF OF THE RELEVANT PUBLIC SECTOR ENTITY OR CORPORATE ENTITY, AS APPLICABLE. INDIVIDUAL ENTRANTS MUST ENTER ON BEHALF OF THEIR PUBLIC SECTOR ENTITY OR CORPORATE ENTITY, AS APPLICABLE, AND SHALL NOT ENTER IN AN INDIVIDUAL OR PERSONAL CAPACITY. ENTRIES BY INDIVIDUALS ACTING IN THEIR INDIVIDUAL OR PERSONAL CAPACTITIES ARE NOT ELIGIBLE.

GENERAL. The Challenge and these Official Rules are void outside of the Authorized Countries and 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/funding entities, 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 members of any guild, union or other organization that may prohibit them from participating in this Challenge and that would restrict, require due payment or otherwise have the right to oppose such Entrant’s participation in this Challenge. Prizes will be awarded in the name of the Public Sector Entity or Corporate Entity that Entrant entered on behalf of. This Challenge is a skill-based competition, 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. No purchase is necessary to enter this Challenge.

HOW TO ENTER. The entry period begins at 00:00:00 A.M. Greenwich Mean Time (G.M.T.) on September 10, 2020, and ends at 11:59:59 P.M. (GMT) on December 15, 2020 (“Entry Period”). To enter, during the Entry Period go to https://aws.amazon.com/government-education/worldwide/city-on-a-cloud/ (the “Challenge Website”) and you will be directed to complete an entry on the AWS website for one (1) of the four (4) Categories for which you are eligible.

You must submit the entry form, including a description of your project, website, software application/tool, service, or other system that substantively uses AWS Services. Each submission, including without limitation the entry form and any other materials or information provided by Entrant in connection with the Challenge, is considered an “Entry.”

Each Entry must (a) be in English; and (b) be the original creation of the Public Sector Entity or Corporate Entity entering the Challenge. Challenge Entries that do not meet the requirements set forth in these Official Rules may be disqualified in AWS’s sole discretion. More than one Entry may be submitted by any Entrant, but no more than one Entry per Entrant (or Public Sector Entity or Commercial Entity), will be selected as a Finalist or Winner (as described below). Any Entry submitted by an Entrant must be substantially different from any other Entry submitted by that same Entrant.

Entrants are responsible for all costs associated with preparing and submitting their Entries, including applications, and building and testing prototypes.

All Entries that violate any intellectual property, local, state, provincial or federal laws or regulations, violate any Entrant’s employer’s policies, or violate any of the AWS terms or agreements referenced herein (including without limitation the AWS Services Agreement), will be deemed ineligible.

Entries must be received no later than 11:59:59 P.M. (GMT) on December 15, 2020. AWS’s servers and clock will be deemed the official clock for the Challenge and the Entrant’s proof of submission does not constitute proof of receipt by AWS. Released Parties (as defined below) are not responsible for lost, misdirected, late, illegible, incomplete, inaccurate, delayed, garbled or unintelligible Entries. Entries will not be returned to the Entrants.

JUDGING CRITERIA.

AWS Quality of Life Award Category: Qualified Entries in this Category will be judged using the following judging criteria: (a) innovation: solution(s) that the Public Sector Entity has developed and the extent to which such solution(s) has expanded access to goods and/or services in an innovative way (25%); (b) the significance of this solution(s) to the local community and furtherance of the public interest (25%); (c) adherence to Challenge theme and use and integration of AWS Services to provide this solution(s) (25%); and (d) proposed future solution(s) that will accomplish or meet the criteria set forth in sections (a), (b), and (c) ([25%]). Proposed future applications cannot include paid engagements for a governmental or other public sector customer. The AWS Judging Panel will select up to three (3) Winners in this Category.

AWS Shape Your Future Award Category: Qualified Entries in this Category will be judged using the following judging criteria: (a) promoting growth and transformation: solution(s) that the Public Sector Entity has developed and the extent to which such solution(s) has expanded access to goods and/or services (25%); (b) the significance of this solution(s) to the local community and furtherance of the public interest (25%); (c) adherence to Challenge theme and the use and integration of AWS Services to provide this solution(s) (25%); and (d) proposed future solution(s) that will accomplish or meet the criteria set forth in sections (a), (b), and (c) (25%). Proposed future solutions cannot include paid engagements for a governmental or other public sector customer. The AWS Judging Panel will select up to three (3) Winners in this Category.

The Bright Futures Award Category: Qualified Entries in this Category will be judged using the following judging criteria: (a) innovation: for solution(s) that the Corporate Entity has developed and the extent to which such solution(s) has expanded access to goods and/or services in an innovative way (25%); (b) impact or number of users of the application(s) (25%); (c) applicability and availability of the application(s) to governments, healthcare, nonprofit and educational institutions of different size and scope and in different regions, and its furtherance of the public interest (25%); and (d) proposed future application(s) that will accomplish or meet the criteria set forth in sections (a), (b), and (c) (25%). Proposed future applications cannot include paid engagements for a governmental or other public sector customer. The AWS Judging Panel will select up to three (3) Winners in this Category.

The Gamechangers Award Category: Qualified Entries in this Category will be judged using the following judging criteria: (a) innovation: solution(s) that the Public Sector or Corporate Entity is proposing and the extent to which such solution(s) will expand access to goods and/or services in an innovative way (25%); (b) feasibility: the plan for implementation of the proposed future solution (25%); (c) the likely impact of the proposed future solution for the local community and is furtherance of the public interest (25%); and (d) adherence to Challenge theme and the use and integration of AWS Services to provide this solution(s) (25%). Proposed future solutions cannot include paid engagements for a governmental or other public sector customer. The AWS Judging Panel will select up to three (3) Winners in this Category.

NO INFORMATION ABOUT THE PROJECTS INCLUDED IN THE ENTRIES MAY BE CONFIDENTIAL OR OTHERWISE SENSITIVE TO PUBLIC DISCLOSURE. IN ACCORDANCE WITH THESE OFFICIAL RULES, AWS AND/OR ITS AFFILIATES PLAN TO PUBLISH FINALISTS’S AND WINNER’S PROJECTS, AND DESCRIPTIVE INFORMATION RELATED THERETO, ON THE CHALLENGE WEBSITE.

JUDGING PROCEDURE.
Judging will be performed by independent, qualified individuals selected by AWS (each individual, a “judge,” and collectively, the “AWS Judging Panel” in accordance with the criteria set forth in these Official Rules. The coordination and administration of the judging procedure (e.g. assignment of Entries to judges and tabulation of scoring) will be performed by AWS or a third-party promotion agency at AWS’s sole discretion.

Initial Round (December 15, 2020 – January 15, 2021). After submission of a qualified Entry, one judge on the AWS Judging Panel will score each Entry in accordance with the criteria set forth in these Official Rules. The highest scoring eligible Entries will be selected as potential Finalists. Potential Finalists will be notified by e-mail or phone within 30 days from the closing date of the Initial Round. In order to be announced as a Finalist, each potential Finalist will be required to sign and return certain documents, including a Recertification of Representations and Warranties and a Liability/Publicity Release which will be consistent with the terms set forth in these Official Rules, within two (2) business days of notification. If a potential Finalist does not comply with these deadlines or with these Official Rules, as determined by us in our sole discretion, they will not be announced as a Finalist, will not receive a prize, and a runner-up may be notified. After AWS’s receipt of the required documents, AWS will announce on the Challenge Website the Finalists’ names, location, and a description of the project(s) set forth in their Entry on the Challenge Website. The AWS Judging Panel will select up to ten (10) potential Finalists for each Category; however, AWS reserves the right, in its sole discretion, to select fewer potential Finalists if AWS does not receive a minimum of ten (10) eligible and qualified Entries in the Category.

Final Round (January 25th, 2021 – February 5th, 2021). After advancing to the Final Round, one judge on the AWS Judging Panel will re-score each Finalist Entry in accordance with the criteria set forth in these Official Rules. Up to three (3) of the highest scoring Finalists will be selected as Winners in each Category; however, AWS reserves the right, in its sole discretion, to select fewer Winners if there are not three (3) Finalists in the Category. Winners will be notified by e-mail or phone within 30 days from the closing date of the Final Round.

Tie Breakers. In the event there are two or more identical or substantially similar Entries by the same Entrant or multiple Entrants on behalf of the same Public Sector Entity or Corporate Entity, as determined by the AWS in its sole discretion, the first Entry to be submitted (as determined by AWS in its sole discretion) will be the only Entry considered in this Challenge. In the event of a tie between equally qualified Entries in any round, a tiebreaking judge selected by AWS will determine the Finalist(s) or Winner(s), as applicable, using the judging criteria for that Category, as applicable. All decisions of the AWS Judging Panel(s) and any tiebreaking judge(s) are final and binding.

Multiple Entries. Entrants may submit multiple different Entries on behalf of the same Public Sector Entity or Corporate Entity; however, each Public Sector Entity and Corporate Entity will only be selected as a Finalist (and/or Winner) for a single Entry. If the AWS Judging Panel qualifies multiple different Entries submitted on behalf of a single Public Sector Entity or Corporate Entity as potential Finalists, only the highest judged/scoring Entry submitted on behalf of that Public Sector Entity or Corporate Entity will be selected as a potential Finalist.

ENTRANT’S PERSONAL INFORMATION. Each Entry submitted in this Challenge will be submitted directly on the Challenge Website. By participating in this Challenge, Entrants are authorizing the collection and transfer of personal data to the United States for purposes of administering the Challenge, conducting publicity about the Challenge and such additional purposes consistent with our goals or the Challenge goals. By entering the Challenge, Entrants consent to AWS’s collection, use and disclosure of Entrants’ personal information for these purposes. The data controller is Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, Washington, 98109. For a copy of our Privacy Notice, visit http://aws.amazon.com/privacy/. By participating in this Challenge, each Entrant consents to the collection, use and disclosure of his or her personal information as set out in the above privacy policies.

ENTRANT REPRESENTATION AND WARRANTIES. By entering, each Entrant represents and warrants for himself/herself and the Public Sector Entity or Corporate Entity on whose behalf they are entering this Challenge, that:
(a) Entrant has the full legal capacity to participate in this Challenge;
(b) Entrant is the older of 18 years old or the legal age of majority in their jurisdiction of residence and jurisdiction where any Challenge prize will be accepted;
(c) Entrant is a legal resident of one of the Authorized Countries;
(d) Entrant and the Public Sector Entity or Corporate Entity on whose behalf they are entering this Challenge meet all of the criteria set forth in the “Eligibility” section herein for the respective Category of their Entry(ies);
(e) The Public Sector Entity or Corporate Entity on whose behalf Entrant is entering this Challenge has a registered AWS account;
(f) Entrant’s Entry(ies) is (i) original and was created solely by the Public Sector Entity or Corporate Entity on whose behalf you are entering the Challenge; (ii) does not violate the intellectual property rights or any other rights of any third party; and (iii) does not violate any law, code, regulation, ordinance, the Official Rules, or the AWS terms and agreements referenced in the Official Rules (including without limitation, the AWS Services Agreement);
(g) Entrant is authorized to and has obtained all necessary prior authorizations to: (i) submit the Entry on behalf of his/her Public Sector Entity or Corporate Entity; and (ii) bind the Public Sector Entity or Corporate Entity he/she represents to these Official Rules so that all obligations, representations, license grants, and commitments herein are fully valid and effective;
(h) Entrant and the Public Sector Entity or Corporate Entity on whose behalf they are entering this Challenge are authorized to accept the prizes set forth herein and such acceptance (including acceptance of AWS Promotional Credits) is neither prohibited nor inconsistent with any applicable laws, regulations, or binding orders, including applicable ethics, gifts, gratuities, corruption, or procurement rules or policies, and will not otherwise create a conflict of interest for AWS or its affiliates;
(i) There are no federal, state, provincial, local or institutional ethics or procurement laws, regulations, or other rules that would restrict or prohibit receipt by Entrant or the Public Sector Entity or Corporate Entity on whose behalf Entrant is entering the Challenge of the free products or services from AWS or its affiliates as a prize resulting from this Challenge (and Entrant has confirmed the foregoing with the appropriate ethics official);
(j) There are no on-going competitive procurements for which receipt of a Challenge prize (including AWS Promotional Credits) by Entrant or the Public Sector Entity or Corporate Entity on whose behalf you entered the Challenge could conflict AWS or its affiliates from participating in the competition (and Entrant has confirmed the foregoing with the appropriate ethics official);
(k) Entrant and the Public Sector Entity or Corporate Entity on whose behalf they are entering this Challenge acknowledge and agree that, if selected as a Challenge Winner and offered AWS Promotional Credits, neither AWS nor its affiliates have any expectation of favorable or otherwise beneficial treatment, and such AWS Promotional Credits are not intended to reward or influence any business activity or competitive bid and are offered independently of any past, current or prospective commercial transaction; The proposed future application or solution set forth in Entrant’s Entry(ies) is not a paid engagement for a governmental or other public sector customer;
(l) Entrant’s Entry(ies) will not contain: (i) anything which may be considered defamatory, inappropriate, offensive, abusive, unlawful, obscene, derogatory, pornographic, sexually inappropriate, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children, or otherwise unsuitable for publication; (ii) anything which denigrates or may denigrate (in AWS’s sole opinion) the AWS brand, the Challenge, or any other third party brand, product or service; (iii) swear words, inappropriate language, nudity, violence, imagery or themes of an adult or sexual nature; or (iv) any other materials or content which AWS considers (in its sole discretion) to be contrary to the nature and spirit of the AWS brand or the Challenge.
(m) If Entrant is selected as potential Entrant and the Public Sector Entity or Corporate Entity on whose behalf they are entering this Challenge will be required to re-certify the above prior to becoming a Finalist.

PRIZES AND PRIZE CONDITIONS

Prizes: The Winners in each of the Challenge Categories will each receive $20,000.00 USD3 in AWS Promotional Credit for AWS Services and AWS Cloud expert support for their cloud project(s).

AWS Promotional Credits: AWS Promotional Credits must be used in accordance with the AWS Promotional Credit Terms and Conditions available at https://aws.amazon.com/awscredits/. Any unused portion of the AWS Promotional Credits will expire one (1) year after the date of award. AWS Promotional Credits will be allocated to the Winner’s AWS account and are non-transferable and may not be redeemed for cash or applied to any other AWS account. Each Winner will be awarded no more than one (1) prize containing AWS Promotional Credits. All AWS Promotional Credits awarded as prizes in the Challenge must be applied by the Winner to AWS Services on the new project, solution, or application set forth in the applicable Entry. AWS Promotional Credit cannot be used by any Winner that is Corporate Entity for a paid engagement for a public sector customer. AWS Promotional Credits awarded as prizes in the Challenge will be awarded and delivered by AWS in phases after the Winners are publicly announced.

AWS Support: At AWS’s sole discretion, AWS may offer to provide AWS Solution Architect Support in connection with the prizes awarded under this Challenge, which AWS Solution Architect support is subject to availability and the terms and conditions in the AWS Services Agreement.

TAXES. ALL TAXES ASSOCIATED WITH ANY PRIZE ACCEPTANCE ARE THE SOLE RESPONSIBILITY OF THE WINNERS. All AWS Promotional Credits utilized and all other prizes awarded will be inclusive of any taxes AWS is required by law to withhold as well as applicable sales, use, gross receipts, goods and service, or similar transaction based taxes (“Transaction Taxes”). To the extent that any AWS Services are subject to Transaction Taxes, the value of the AWS Services and the Transaction Taxes will be deducted from the AWS Promotional Credits. 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 SUCH TAXES TO THE APPROPRIATE AUTHORITIES. AWS reserves the right to substitute a prize (or portion thereof) for an item of comparable or greater value, at AWS’s sole discretion. Prizes are awarded without warranty of any kind from AWS, express or implied, without limitation. PRIZES ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THE WINNER SUBMIT TO AWS ALL DOCUMENTATION REQUESTED BY AWS TO PERMIT COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL, AND FOREIGN (INCLUDING PROVINCIAL) LAWS AND TAX REPORTING AND WITHHOLDING REQUIREMENTS. Challenge Winners are responsible for ensuring that the tax documentation submitted to AWS 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.

ADDITIONAL CONDITIONS FOR ENTRANTS, FINALISTS, AND WINNERS. The AWS Judging Panel(s) and any tie-breaker judge(s) may request additional information from the Entrants or Finalists as may be necessary to judge the Entries, and the Entrants must respond to any such requests within two (2) business days from the time the request is made. In order to be announced as a Finalist and proceed to the Final Round, each potential Finalist will be required to sign and return certain documents, including a Recertification of Representations and Warranties and a Liability/Publicity Release which is consistent with the terms set forth in these Official Rules, within two (2) business days of notification. Potential Finalists and Winners will be required to provide any additional tax filing information within three (3) calendar days following the date of first attempted notification. Entrants, Finalists, and Winners may forfeit prizes or opportunities to proceed in the Challenge if (1) AWS is unable to contact them within two (2) business days of first attempted notification, or (2) the Entrant fails to respond as required within two (2) business days of the date of notification. Failure to comply with these deadlines or with these Official Rules may result in forfeiture of place as a Finalist or Winner.

RIGHT OF PUBLICITY. By submitting an Entry, each Entrant agrees (if he/she is selected as a Finalist and/or Winner) to the publishing by AWS and/or our affiliates on the Challenge Website and in a press release and other media coverage of (1) his/her name or likeness, (2) his/her Public Sector Entity or Corporate Entity name, trademarks, and logos, (3) city/state/province/country, and (4) the project(s) set forth in the Entry. Entrant guarantees that a third party whose name or likeness is reproduced in the Entry has agreed to the publishing by AWS of his/her name or likeness in connection with the Challenge. Progression by Finalists to the Final Round and/or Acceptance of Challenge prizes by Winners constitutes permission for AWS and our affiliates, agencies and designees to use Finalists’ and Winners’ names or likenesses, Public Sector Entity or Corporate Entity name, trademarks, and logos, and city/state/province/country for advertising and promotional purposes relating to the Challenge 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. If any of the Finalists or Winners or their representatives object to any or all of their name or likeness and country being published or made available, they should contact AWS at the address given below. In such circumstances, AWS may still provide the information and winning entry to competent authorities on request.

TREATMENT OF ENTRIES AND LICENSE GRANT. By participating in the Challenge, each Entrant warrants that it has the authority to provide its Entry to AWS and grant the licenses and rights to AWS as set forth in these Official Rules, and that its Entry and all portions thereof 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 Entry is non-confidential and may be made public, in whole or in part. By submitting an Entry, each Entrant grants to AWS and its affiliates an irrevocable, nonexclusive, worldwide, fully paid-up, perpetual and royalty-free license to make, use, reproduce, display, publicly perform, create derivative works of all or a portion of the Entry, as well as use the Entrant’s name and his/her Public Sector Entity or Corporate Entity name, trademarks and logos, in any promotional materials produced by or for AWS or its affiliates in connection with the Challenge. The foregoing grants shall be limited for a period of two (2) years for all eligible Entries; and in perpetuity for Entries submitted by the Finalists and Winners (or to the maximum extent permissible under applicable law). The Entrants, by these Official Rules, do not grant any other licenses to AWS or its 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 Entries. Each Entrant acknowledges that AWS or its affiliates may currently or in the future be developing information, products, concepts, services, or techniques internally, or receiving information, products, concepts, services, or techniques from other parties, that is similar to the Entries (“AWS Developed Materials”). Nothing in these Official Rules will be construed as a representation or agreement that AWS or its affiliates will not develop or have developed information, products, concepts, systems, services or techniques that are similar to or compete with the products, concepts, systems, services or techniques contemplated by or embodied in any Entries. Each Entrant waives and agrees to waive any claims or action he/she has or may have in connection with AWS Developed Materials.

LIMITATION OF LIABILITY. By participating in this Challenge, each Entrant agrees for himself or herself and his/her Public Sector Entity or Corporate Entity that, by entering the Challenge , AWS and its affiliates, subsidiaries, advertising and promotion agencies, directors, officers, employees and assigns, and all Challenge judges (collectively, “Released Parties”), are, to the extent permitted by law, not responsible for: (i) lost, late, incomplete, stolen, misdirected, undeliverable e-mail notifications, or postal mail; (ii) any computer, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability;(iii) garbled, corrupt or jumbled transmissions, service provider/Internet/website accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Challenge; (vii) any injury or damage, whether personal or property to Entrants or to any person's computer related to or resulting from participating in the Challenge and/or accepting or using a prize, except for any liability which cannot be excluded by law; (viii) Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, or otherwise not in compliance with the Official Rules; and (ix) for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Challenge or accepting or using a prize, except for any liability which cannot be excluded by law. Further, AWS is not responsible for any undelivered messages or e-mails, including without limitation, e-mails that are not received because of an Entrant’s privacy or spam filter settings that may divert any potential Finalist or potential Winner notification or other Challenge related e-mail to a spam or junk folder. Nothing in this section shall exclude AWS, or its respective agents or representatives from liability for death or personal injury caused by AWS’s fraud or fraudulent misrepresentation or grossly negligent behavior, or for any other liability whose limitation is prohibited under applicable law of an Entrant’s jurisdiction of residence.

By entering the Challenge, each Entrant agrees: (i) to be bound by these Official Rules, (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to the extent permitted by law, to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Challenge; and (iv) to the extent permitted by law, to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Challenge, including, but not limited to, any Challenge-related activity or element thereof, participation or inability to participate in the Challenge; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant.

If, for any reason, the Challenge is not capable of running as planned, or the integrity and or feasibility of the Challenge is severely undermined by any event beyond the control of the Challenge Entities, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of the Challenge Entities (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole discretion, to abbreviate, cancel, terminate, modify or suspend the Challenge and/or proceed with the Challenge, including the selection of Winners in a manner it deems fair and reasonable, including the selection of winners from among eligible entries received prior to such event without any further obligation provided a sufficient number of eligible entries are received. If Sponsor, in its discretion, elects to alter this Challenge as a result of a Force Majeure event, a notice will be posted at the Website. AWS, in its sole discretion, reserves the right to terminate the Challenge in the event it does not receive a minimum of 100 qualified Entries from separate eligible Entrants. And, if for any reason the Challenge 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 Challenge, AWS may, in our sole discretion, change these Official Rules or cancel, terminate, modify, or suspend the Challenge. If terminated, AWS may select Winners for the applicable Categories from all non-suspect, eligible entries received as of the termination date using the judging procedure outlined above. AWS may disqualify any individual found to be tampering with the entry process or the operation of the Challenge 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.

Entrants shall not provide any illegal content in the course of participating in the Challenge.

WITHOUT LIMITING THE FOREGOING, UNLESS PROHIBITED BY LAW, EVERYTHING REGARDING THIS CHALLENGE, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Challenge, shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental or consequential damages, including attorneys' fees, other than Entrant’s actual out-of-pocket expenses (e.g. costs associated with entering), and Entrant further waives all rights to have damages multiplied or increased.

DISPUTES. THIS CHALLENGE IS GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, UNITED STATES, WITHOUT REFERENCE TO ITS CONFLICT OF LAW RULES. EACH ENTRANT AGREES TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN THE FEDERAL AND STATE COURTS IN KING COUNTY, WASHINGTON, UNITED STATES, FOR ANY DISPUTE ARISING OUT OF THIS CHALLENGE. THIS CHOICE OF LAW DOES NOT DEPRIVE THE ENTRANT OF THE PROTECTION AFFORDED UNDER THE LAWS OF THEIR JURISDICTION OF RESIDENCE AND SUCH PROVISIONS THAT CANNOT BE DEROGATED FROM BY AGREEMENT OR VIRTUE OF THE LAW OF THEIR JURISDICTIONS OF RESIDENCE.

SEVERABILITY. If any portion of these Official Rules is held to be invalid or unenforceable, the remaining portions of these Official Rules will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Official Rules but the rest of these Official Rules will remain in full force and effect.

WINNERS’ LIST. After February 10, 2020, individuals can access https://aws.amazon.com/government-education/worldwide/city-on-a-cloud/ for the names and projects of the Challenge Winners.

SPONSOR. The sponsor of this Challenge is the Amazon Web Services entity identified in the table below (“AWS,” “us,” “our,” and “we”), based on the Entrant’s AWS Account Country.  


1For Entrants from Germany only: Notwithstanding anything to the contrary in these Official Rules, Public Sector Entities, entities that are wholly or partly owned or funded by a German public body, and entities that serve the public or perform public duties on behalf of a German public body are not eligible to participate in the Challenge.
2For Entrants from South Africa only: If this Challenge is regulated by the Consumer Protection Act, 68 of 2008, it is not intended that any provision of these Official Rules contravene any provision of the Consumer Protection Act and therefore all provisions of these Official Rules must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
3Challenge Prize amounts are subject to any country-specific legal limitations.

 

Entrant’s AWS Account Country
Sponsor Address
South Africa Amazon Web Services South Africa (Pty) Ltd Wembley Square 2, 134 Solan Road, Gardens, Cape Town, 8001, South Africa
Any country within Europe, the Middle East, or Africa (excluding South Africa)("EMEA")* Amazon Web Services EMEA SARL Wembley Square 2, 134 Solan Road, Gardens, Cape Town, 8001, South Africa
India Amazon Internet Services Private Limited Ground Floor, Eros Corporate Towers, Nehru Place, New Delhi - 110 019
India
Any other country that is not South Africa, India, or in EMEA Amazon Web Services, Inc. 410 Terry Avenue North, Seattle, WA 98109-5210
U.S.A.

*See https://aws.amazon.com/legal/aws-emea-countries for a full list of EMEA countries. 


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