ONYX ONE CONTEST

Markforged is offering this promotion (the “Markforged Onyx One Contest”) open to persons (each person, an “MF Entrant” collectively, “MF Entrants”) who are legal residents of the 50 United States and the District of Columbia, (collectively, the “Markforged Onyx One Contest Region”). This Onyx One Contest is void outside of the Markforged Onyx One Contest Region and wherever prohibited, and subject to all federal, state and local laws.

By participating in the Contest, each MF Entrant acknowledges compliance, and fully and unconditionally agrees to and accepts these Onyx One Contest Rules and the Official Rules including all eligibility requirements included herein. These Official Rules apply to all MF Entrants of the Onyx One Contest unless otherwise stated herein.

NO PURCHASE REQUIRED TO ENTER OR WIN.

OFFICIAL RULES

Who Can Enter

The Markforged Onyx One Contest is open to MF Entrants 21 years of age or older as of the date of entry for the MF Entrant. Each MF Entrant must be a resident of the Markforged Onyx One Contest Region as of the date of entry for the MF Entrant.

The following individuals are not eligible to enter the Onyx One Contest, and a valid entry will not be accepted from: officers, directors, trustees, employees or agents of Markforged, Inc. or their immediate family members (including, without limitation, spouse, biological parent, adoptive and step-parents, children, siblings, grandparents, grandchildren, aunts and uncles, and each of their respective spouses, regardless of where they reside), or those living in the same households, whether or not related, of such individuals of any of the above persons, are NOT eligible to enter in the Markforged Onyx One Contest or to receive the Markforged Onyx One Prize.

The following individuals are not eligible to enter the Onyx One Contest, and a valid entry will not be accepted from: officers, directors, or trustees of any existing Markforged customer as of December 3, 2020.

Individual employees of a Markforged customer are not excluded from Entry to the Markforged Onyx One Contest or from receiving the Markforged Onyx One Prize. Each MF Entrant’s valid email address shall not be affiliated with an existing Eiger account or an organization owning an existing Eiger account.

By entering the Markforged Onyx One Contest, each MF Entrant accepts and agrees to be bound by the decisions of the MF Selection Committee.

Contest rules, Official Rules, deadlines, and notifications are subject to change with notice available on the Markforged social media accounts, which include Twitter, LinkedIn, and Facebook.

How to Enter

Each MF Entrant may only enter to win with a valid email address by completing the electronic entry form available at https://forms.gle/82maxFfZX56k... during the MF Onyx One Contest Entry Period. As part of the online entry process, each MF Entrant will be required to submit an electronic form confirming eligibility. Each MF Entrant must input all required data fields on the entry form (the “Entry”). Incomplete or inaccurate entries may be deemed void.

Each MF Entrant must send, attach and/or upload a design for a part that would benefit from industrial 3D Printing (the “MF Entrant’s Design”). Each MF Entrant’s Design must be an .stl type electronic rendering or model of the following file types: .stl, .obj, .form, .pdf, .docx, .txt, .zip, .mp4 files. Each MF Entrant’s Design must be your original work and may not have previously won an award. You can submit previously printed designs as long as those designs have not yet been uploaded or printed on through Eiger. Each MF Entrant may send, attach and/or upload multiple designs (“Eligible Entries”). An MF Entrant’s Design must be an original work and not remix of someone else’s design, or a pre-existing design. Each MF Entrant’s Design will retain ownership of the design.

Markforged reserves the right to reject or disqualify any entry which Markforged, in its sole discretion, determines to be inconsistent with the letter and spirit of the Onyx One Contest Rules and the Official Rules or potentially damaging to Markforged’s image, reputation, or does not otherwise comply with the MF Content Policy. Entries must comply with the content policy posted on markforged.com website, incorporated by reference in its entirety herein, at: https://markforged.com/terms-conditions?mfa=sga-na-bof-branded&adg=97321991981&kw=markforged&device=c&gclid=Cj0KCQiAqo3-BRDoARIsAE5vnaLlwkobHrtYcWs-EMfm1basaPSGzbitQlIIqMkCu_b6w33SmU5z6SEaAuX6EALw_wcB; (the “MF Content Policy”).

When to Enter

The Onyx One Contest entry period begins on National 3D Printing Day, December 3rd, 2020, and closes on January 6, 2021, at 11:59PM (EDT) (the “MF Contest Entry Period”). After that date, but not before, MF Entrants may no longer enter for a chance to win under the Onyx One Contest Rules.

The Prize

One (1) Onyx One Contest Winner (the “MF Winner”) will be awarded the prize in the form of a Markforged Onyx One Printer (the “MF Onyx One Prize”). The MF Winner will be selected from eligible MF Entrants. The MF Winner will be selected following the MF Entry Period on or before the 20th day of January from among all eligible entries received (from December 3, 2020 through January 6, 2021).

The Approximate Retail Value of the MF Onyx One Prize is $4,500.00. The MF Onyx One Prize is non transferable, and no substitution is allowed.

The Selection Process

The MF Winner is selected from all eligible, non-duplicate entries with valid email addresses, received during the MF Entry Period (the “Selection Process”). The Selection Process is performed by a selection committee (the “MF Selection Committee”). The MF Selection Committee may include between three (3) and six (6) Markforged employees.

The Selection Process will be conducted on or about January 20th, 2021. The chances of winning will depend on the total number of Eligible Entries received. The Selection Process is a blind process. All information identifying the MF Entrant is not visible to members of the MF Selection Committee. The Selection Process is based on the following criteria:

30 % -- Technical: Does the design show excellence and ease of industrial 3D printing?

30 % -- Functionality: Is the design mechanically sound? Will it function as intended?

20 % -- Presentation: Is the design presented in quality, dimensioned, with print settings, and assembly instructions (as required)?

20% -- Design Creativity and Uniqueness (subjective)

GENERAL RULES:

After the Selection Process, on or about January 20th, 2021, the MF Winner will be sent an email to the email address they submitted with their entry. MF will only contact the MF Winner regarding the Onyx One Contest if selected. Return of any prize notification email as undeliverable may result in disqualification, and an alternate winner may be selected. MF will transport the MF Winner’s MF Onyx One Prize to the address associated with the email from the MF Winner’s Entry. All potential winners are subject to verification of eligibility before the MF Onyx One Prize will be awarded.

The MF Winner is solely responsible for all national, federal, state, and local taxes and other fees associated with prize receipt and use. The MF Winner is required to pay taxes on the MF Onyx One Prize. Markforged shall issue a 1099 form to the MF Winner of the MF Onyx One Prize as it is valued over $600. No substitution, assignment or transfer of prizes permitted, except by the Onyx One Contest Entities, who reserve the right to substitute the MF Onyx One Prize with another prize of greater or at least equal value (to the ARV).

Contact Information

(a) The MF Winner

The MF Winner will be required to execute an affidavit of eligibility, release of liability and where legal, a publicity release within 10 days of notification attempt or the prize will be forfeited, and an alternate MF Winner will be selected. Acceptance of the MF Onyx One Prize constitutes permission to use the MF Winners’ names and likenesses for promotional purposes without further compensation except where prohibited by law.

(b) Opt-In Box (checked):

By leaving the Opt-in box checked on the Onyx One Contest entry form, the MF Entrant agrees that the contact information, including name, address, and email address provided may be collected and stored by Markforged or its agent and may be used by Markforged or its agent to contact the MF Entrant; and that they may contact the MF Entrant regarding their products or services. If an MF Entrant decides at a later date that he or she wishes to have Markforged remove his or her contact information from its list, the MF Entrant may email Markforged at erin.bishop@markforged.comwith the word “WITHDRAW” in the subject line and including his or her name and address in the body of the email. Removal of Entrant’s name will be accomplished as soon as is reasonably practicable.

(c) Opt-In Box (un-checked):

An MF Entrant who “un-checks” the Opt-In box on the Onyx One Contest entry form agrees that the MF Entrant’s contact information, including name, address and email address may be collected and stored by Markforged or its agent and used by Markforged to contact the MF Entrant, but in this case, the MF Entrant’s contact information will not be given to any third parties. Leaving the Opt-in boxes checked or unchecked will have no effect on the probability of an MF Entrant’s Entry being selected. Where required by law, Markforged may be required to disclose MF Entrant information to the government.

Release for Entries

All Entries including the MF Entrant’s Design, any files and/or supporting materials, become the property of Markforged. No materials will be returned.

By submitting an entry for the Onyx One Contest, each MF Entrant grants to Markforged the right to use the MF Entrant’s name, likeness, picture, address (city and state only), voice, biographical information, and written or oral statements, for advertising and promotional purposes in connection with promotion of Markforged, without further consideration, review, approval or payment, where allowed by law.

By entering, the MF Entrant agrees that Markforged may record (but is not required to use) your name, likeness, image and voice, and any item(s) or materials, for any use whatsoever in all forms of media, including, without limitation, television, Internet, social media, products and merchandise, print and in promotion, advertising and packaging, worldwide in perpetuity. Selection of persons or items is at the sole discretion of Markforged.

Being selected through the Selection Process as the MF Winner does not guarantee that you will be recorded for television or the like.

Name of the MF Winner

MF Entrants seeking the name of the Onyx One Winner for the Onyx One Contest can check the Markforged social media accounts, including Twitter, Facebook and LinkedIn or email us at marketing@markforged.com. All such requests for the identity of the MF Winner must be received by March 15, 2021.

Disclaimer of Warranties, Release and Limitation on Liability

The Onyx One Contest may not run as planned. For example, the Onyx One Contest may fail because of infection by a computer virus, tampering, an unauthorized intervention, fraud, technical failures, or some action of one or more of the MF Entrants. In the event Markforged is prevented or refrains from: (i) conducting any part of the Entry processes and/or (ii) conducting and holding any part of the Selection Process.

Markforged shall have the right to modify, suspend, or terminate the Onyx One Contest.

Markforged and its respective officers, trustees, directors, employees, or agents thereof (collectively the “Onyx One Contest Entities”) are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission; communications line failure; theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, providers, computer equipment or software; or failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to MF Entrant’s or any other person’s computer related to or resulting from participation in or downloading any materials from any Onyx One Contest.

Markforged is not responsible for technical, hardware or software malfunctions or failures of any kind or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Onyx One Contest which may limit the ability to enter or participate or by any human error which may occur in the processing of the entries in this Onyx One Contest. Markforged assumes no responsibility is assumed for lost, misdirected, illegible, or late entries.

Although Markforged attempts to ensure the integrity of the entry or submission processes, the Onyx One Contest Entities are not responsible for the actions of MF Entrants in connection with the entry or submission processes, including MF Entrants’ attempts to circumvent these rules.

Use of any automated system to participate in the entry or submission process is prohibited and will result in disqualification. Incomplete or inaccurate entries, entries generated by script, macro or other automated means and entries by any means which subvert the entry process will not be accepted and are void. Entries not complying with all rules are subject to disqualification.

Markforged may suspend and/or cancel the Onyx One Contest for any cause which in the sole opinion of Markforged corrupts or affects the administration, security, fairness, integrity or proper conduct of the Onyx One Contest. Markforged reserves the right, in its sole discretion, at any time to disqualify any suspect entry or MF Entrant, and to cancel, terminate, modify or suspend the Onyx One Contest.

CAUTION: ANY ATTEMPT BY AN MF ENTRANT OR ANY OTHER PERSON TO DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE ONYX ONE CONTEST, MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MARKFORGED RESERVES THE RIGHT TO INITIATE, OR COOPERATE IN, THE PROSECUTION OF ANY SUCH PERSONS AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event Markforged is prevented from: conducting and holding any part of the Selection Process for which MF Entrant; by any event beyond its control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, pandemic, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, any partial or complete government shutdown or bankruptcy, or order of any court or jurisdiction, or other cause not reasonably within Markforged’s control (each a “Force Majeure” event or occurrence), Markforged shall have the right to modify, suspend, or terminate the entry submission processes and/or the Selection Process.

In any such event, Markforged reserves the right to cancel or terminate the Selection Process and to conduct the Onyx One Contest and award the Onyx One Prize by means of a random drawing consisting of all Eligible Entries. Alternatively, Markforged may otherwise award the Onyx One Prize in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Markforged in its sole discretion. Notice of termination/modification/suspension of the Onyx One Contest will be posted on the markforged social media accounts, including but not limited to Twitter and LinkedIn.

By participating, MF Entrants release the Onyx One Contest Entities from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by MF Entrant’s participation, including the acceptance, possession, use, or misuse of the Entry; and acknowledge that the Onyx One Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any Entry, as applicable, including, but not limited to, its quality or availability. Indeed, Markforged makes no, and disclaims all warranties, guarantees or representations, express or implied, concerning the condition, quality, merchantability, and/or fitness of any Entry.

MF Entrants release the Onyx One Contest Entities from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by any computer, online, telephone, or technical malfunctions or errors that may occur, regardless of the cause.

MF Entrants waive any damages or losses, including any loss of use, loss of production, loss of profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the Onyx One Contest or the submission of each MF Entry to the Onyx One Contest and regardless of the cause or any negligence by Markforged or anyone for whom Markforged is responsible, and notwithstanding that Markforged may have been advised of the possibility of such loss or damage being incurred.

MF Entrants waive any damages or loss, including any loss due to failure for the Selected MF Entrant to receive a prize notification. Markforged assumes no responsibility or liability for damages, losses or injury resulting from the MF Winner’s acceptance or use of the MF Onyx One Prize. The MF Winner upon Entry and acceptance of the MF Onyx One Prize hereby accepts responsibility or liability for any potential damages, losses or injury that may result from the MF Winner’s acceptance or use of the MF Onyx One Prize.

Disputes, Governing Law and Jurisdiction

By entering the Onyx One Contest, each MF Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the MF Entry, will be resolved individually, without resort to any form of class action; (2) under no circumstances will any MF Entrant be permitted to obtain any award for, and each MF Entrant hereby and expressly waives all rights to seek punitive, incidental, consequential or special damages, lost profits and/or any other damages, including attorney’s fees, and/or any rights to have damages multiplied or otherwise increased; and (3) each MF Entrant irrevocably waives any right to seek injunctive or equitable relief.

Except where prohibited, Markforged reserves the right to make all decisions in its sole discretion arising out of or relating to the Onyx One Contest, and the decisions by Markforged are final and binding on all matters relating to the Onyx One Contest. Decisions of the Selection Panel in respect of any aspect of the Onyx One Contest are final and binding on all MF Entrants. In the event of a dispute, all decisions made by Markforged are final and binding.

Except where prohibited, each MF Entrant agrees that:

(a) any and all disputes, claims and causes of action arising out of, or connected with the Onyx One Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Massachusetts;

(b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Onyx One Contest, but in no event attorney’s fees; and

(c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Markforged in connection with the Onyx One Contest, shall be governed by, and construed in accordance with, the laws of the United States of America and the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Commonwealth of Massachusetts.

If any controversy or claim arising out of or relating to the Official Rules, the Onyx One Contest, or the breach of any term hereof cannot be settled through direct discussions for a period of 30 days, each MF Entrant agrees, then, upon notice duly served, that the controversy or claim shall be resolved by binding and final arbitration administered by JAMS or its successor (“JAMS”), at JAMS’ Boston, Massachusetts office, before a single neutral arbitrator appointed in accordance with the streamlined arbitration rules and procedures, or subsequent versions thereof, including the optional appeal procedure (including the optional JAMS Rules, including, without limitation, the rule providing that each party will contribute equally to JAMS fees and expenses and the rules providing for limited discovery and other exchange of information). All disputes and arbitrations shall be governed by the laws of the Commonwealth of Massachusetts and the Federal Rules of Evidence regardless of choice of law rules and there shall be no award of punitive damages. The decision of the arbitrator shall be in writing and shall include a statement of the essential conclusions and findings upon which the decision is based. The JAMS Rules are available at www.JAMSADR.com All arbitration proceedings shall be confidential and disclosed only to those with a need to know or as may be required by law or as may be required to enforce any arbitration proceedings or awards. Judgment on any awards may be entered in the federal or state courts in Suffolk County, Massachusetts, which are the exclusive forums for such matters. In the event that the arbitration provision in these Official Rules is for any reason held to be unenforceable, any litigation against the Onyx One Contest (except for small-claims court actions) may be commenced only in a federal or state court located within Suffolk County, Massachusetts, and MF Entrant consents to the jurisdiction of those courts for such purposes.

Severability

Failure to enforce any term of these Official Rules or the Onyx One Contest Rules, shall not constitute a waiver of that term nor of any other term contained herein.

In the event there is any conflict or inconsistency between the terms and provisions of the English language version of the Official Rules, the Onyx One Contest Rules (collectively the “Rules”), and the terms and provisions of any translation of the Rules, the terms and provisions of the English language version of the Rules shall control and govern the rights, duties and obligations of the parties.

If any provision of these rules is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect.