NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void outside the fifty (50) United States (including the District of Columbia), and where prohibited by law. Subject to all federal, state, local laws, regulations, and ordinances. Contest begins on April 10, 2019 at 12:01 a.m. Mountain Standard Time (“MT”) and ends on Aug 29, 2019 at 11:59 p.m. MT (the “Contest Period”).
Eligibility: The Pluralsight Create the Future Contest (the “Contest”) is open to start-up businesses in which the founder(s) have retained some portion of ownership in the business, which are (i) corporations or limited liability companies that have raised less than USD$10 million in funding from any source at the time of entry; and (iii) domiciled in the fifty (50) United States (including the District of Columbia) (each hereinafter referred to as a “Business”). Entries may be submitted by authorized individual(s) on behalf of the eligible Business. To be eligible to submit an entry on behalf of his/her/their Business, entrant(s) must be: (a) legal resident(s) of one of the fifty (50) United States or the District of Columbia; (b) at least eighteen (18) years of age at the time of entry; (c) a Business employee(s), officer(s), or governing or advisory board member(s); and (d) duly authorized by the Business to submit an entry into the Contest on its behalf (eligible entrants shall, individually and collectively, be referenced herein as “Entrant”). Entrants will enter in one of two categories, Tech for Good or Disruptive Tech (each, “Contest Category.”). An Entrant is not eligible to participate in the Contest if such person is an employee, officer, and/or director of Pluralsight, LLC (“Sponsor”), or is a member of the immediate family (spouses, parents, siblings and children, regardless of where they live) of, or lives in the same household (whether related or not) as, any employee, officer, and/or director of Sponsor. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions on behalf of the Business, which are final and binding in all matters related to the Contest. Sponsor reserves the right to verify the eligibility of any person(s) submitting an entry on behalf of a Business, and all decisions regarding eligibility shall be made by Sponsor in Sponsor’s sole discretion.
PLEASE NOTE: It is the Entrant’s sole responsibility to review and understand his or her Business’s policies regarding eligibility to participate in trade promotions. If participation in this promotion is in violation of his or her Business’s policies, the Entrant may be disqualified from entering or receiving prizes. Sponsor disclaims any and all liability and responsibility for disputes arising between an Entrant and his or her Business related to this matter, and prizes will only be awarded in compliance with the Business’s policies.
Sponsor: Pluralsight, LLC, 182 N. Union Avenue, Farmington, UT 84025.
How to Enter: To enter, visit https://www.pluralsight.com/live/pitch during the Contest Period and follow the instructions to submit an application describing your innovative tech product or service (“Solution”), along with requested information on the online entry form, including the name of your Business, the name of the Solution, and the name(s) of your team member(s), and the Contest Category, (together, the “Entry”). The Entry must be submitted in English. You must provide all requested information on the official online entry form and all information provided must be accurate; incomplete entries and entries with inaccurate information will be disqualified. As stated above, any person or persons submitting an Entry on behalf of his/her/their Business must be duly authorized by the Business to do so; Sponsor may request written proof of authorization at any time. Solutions must comply with the Solution Requirements set forth below.
Entrant(s) must be able to demonstrate the Solution on stage;
Must not mention or make any reference to the Business’s fundraising plans or activities;
Solutions in the Tech for Good Contest Category must be directed to addressing a social need for a group of people or be submitted by Businesses with a social impact component to their business;
Solutions in the Disruptive Tech Contest Category must address an unmet need with technology;
Must be within the general spirit and guidance of the Contest, including meeting the terms of these Official Rules and the Entry Requirements;
Must be your original work, or you must have secured all rights necessary from third parties for materials that are not original to you in order to submit and allow Sponsor to utilize the Entry, and must not violate, misappropriate, or infringe the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights. Modification of an idea is not an original work;
Must not contain any malware or be otherwise harmful to Sponsor’s computer system or the computer systems of others;
Must not impersonate or misrepresent your affiliation with any person or entity;
Must not be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contain explicit or graphic descriptions or accounts of, sexual acts, or otherwise contain any other content that is objectionable;
Must not victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Must not contain an advertisement or solicitation not affiliated with the Sponsor; and
Must not contain imagery, content, recording(s) or other audio or visual element that is owned by a third party without obtaining all necessary rights and/or licenses from such third party as required herein.
By submitting an Entry, you understand and agree to the following:
You acknowledge that Sponsor, other entrants or others may have developed or commissioned materials similar or identical to your Entry, and you waive any claims you may have resulting from any similarities to your Entry;
You understand that Sponsor cannot control the information you disclose to Sponsor or Sponsor representatives in the course of participating in the Contest, or what Sponsor or Sponsor representatives will remember about your Entry. You also understand that Sponsor will not restrict work assignments of representatives who have had access to your Entry. By participating in the Contest, you agree that Sponsor may use any information in Sponsor representatives’ unaided memories in the development or deployment of Sponsor products or services without liability or compensation to you;
You understand that Sponsor may share information about your Entry with third parties who are sponsoring the Conference, including potential investors.
You understand that you will not receive any compensation or credit from Sponsor for use of your Entry in connection with this Contest. This provision does not limit any compensation you may receive through Sponsor or third parties as a result of your use or marketing or profiting from the Entry or Solution beyond this Contest or as provided in these Official Rules.
Sponsor is not responsible for any unauthorized use of your Entry by those accessing or viewing your Entry;
Please note that after the Contest you and/or your Entry or parts of your Entry may be publicized in advertisements related to the Contest. These advertisements may be distributed online and posted on Sponsor’s site or third-party websites;
While Sponsor reserves the rights set forth above, Sponsor is not obligated to use your Entry for any purpose, even if it has been selected as a winning Entry;
If you do not want to grant Sponsor the rights noted in these Official Rules to your Entry, please do not enter this Contest; and
Nothing in these Official Rules shall be interpreted as granting you permission to use or display any of Sponsor’s trademarks (including any logo or brand) or rights in any Sponsor technologies or IP. Moreover, nothing shall permit you to promote your participation or involvement in the Contest without Sponsor’s prior written consent.
When submitting your Entry, you must confirm your agreement to the Official Rules. To be eligible, the Sponsor must receive your Entry prior to the end of the Contest Period. Entries that arrive after the end of the Contest Period will not be considered. Sponsor will retain physical possession of all materials submitted with Entries and will not acknowledge or return any Entry materials. If a dispute arises regarding the identity of an Entrant, the proper Entrant will be the Authorized Account Holder of the e-mail address associated with the account used to enter the Contest. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
The Sponsor is not responsible for late, erroneous, misdirected or incomplete entries, or for any computer-related, online, telephonic, or technical malfunctions that may occur. Proof of transmission does not constitute proof of entry. Entries will be considered void and/or will be disqualified at Sponsor’s sole discretion if they are in whole or in part illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, forged, mechanically reproduced or obtained through fraud or theft, or if the Entry does not meet the above Application/Solution Requirements and/or the terms of these Official Rules.
LIMIT ONE (1) ENTRY PER BUSINESS. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Sponsor is not responsible for late or unsuccessful attempts to enter. Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), incomplete uploads, or other errors or malfunctions of any kind, whether human, mechanical, electronic, or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Automated entries or entries submitted by third parties will be disqualified. Any attempt by any Entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void that Entrant’s entries, and that Entrant may be disqualified at Sponsor’s discretion.
By entering, each Entrant warrants and represents that the entry is original, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state, provincial or local laws or ordinances. By submitting a Solution, you warrant that the Solution does not violate any law, regulation or right of any third party, including, but not limited to, copyright, trademark, rights of publicity or privacy, that you have followed the Official Rules of the Contest and that the Solution. If the Solution contains an identifiable person, by submitting the Solution, Entrant represents and warrants that he/she/they has obtained the consent of such person to use in the Solution as outlined herein. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Contest.
Winner Selection/Verification: All eligible Solutions will be reviewed and judged by a panel of technology experts (“Screening Judging Panel”) selected by Sponsor in its sole discretion. The Screening Judging Panel will judge the Solutions based on the following criteria (“Winner Selection Criteria”): impact (20%), creativity (20%), opportunity (20%), functionality (20%) and management team (20%). The five (5) Entrants whose Solutions receive the highest scores from the Screening Judging Panel based on the Winner Selection Criteria in each Contest Category will be selected as the finalists (“Finalists”). In the event of a tie, the score for impact will be used to break the tie, followed by the score in potential and addressable market, functionality, creativity, and lastly, team. The Finalists will be announced on the website https://www.pluralsight.com/live/pitch on Aug 14, 2019. In addition, Sponsor will attempt to notify Finalists via e-mail (using the email provided with the Entry) within seven (7) days of being selected. If a potential Finalist does not respond within seven (7) days after the first attempt to contact that Business, or the Finalist notification is returned as undeliverable, that potential Finalist will be disqualified, and Sponsor will select an alternate Finalist whose Solution has the next highest score based on the Winner Selection Criteria.
To advance to the final round, a selected Finalist must have a representative available to travel to the 2019 Pluralsight LIVE Conference from August 27, 2019 through August 29, 2019 in Salt Lake City, Utah (the “Conference”). Sponsor will not provide staff to support Finalists with their presentations. Up to two (2) complimentary registrations for the Conference, as well as accommodations and travel expenses to attend the Conference, will be provided; see Section 5 (“Contest Prizes”) below for further details. If a Finalist is not able to have at least one (1) representative attend the Conference, that Finalist will be disqualified and the Entrant whose Entry received the next highest score from the Screening Judging Panel will be selected as an alternate Finalist in place of the disqualified Finalist.
Except where prohibited, each Finalist/representative will be required to complete and return an affidavit of eligibility/declaration of compliance and liability/publicity release (the “Affidavit/Declaration & Release”) within seven (7) days of being notified. If a Finalist fails to sign and return the Affidavit/Declaration & Release within the required time period, that Finalist will be disqualified and the eligible Finalist whose Video Pitch received the next highest score from the Screening Judging Panel based on the Winner Selection Criteria will be selected as an alternate Finalist in place of the disqualified Finalist. If, at any time during the development and presentation of the Solution (including following Finalist selection), a participant, Finalist, or winner is unable or unwilling to proceed, the Sponsor may disqualify an individual or team and select an alternate team from the remaining Entries based upon the Winner Selection Criteria set forth above, time permitting and in Sponsor’s sole discretion.
EACH FINALIST IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY CONTEST PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
FINAL ROUND: The Finalists will each receive five (5) minutes to present their Solution and be required to engage in an additional three (3) to five (5) minutes of Q&A with a panel of three (3) to five (5) judges, each of whom will be an industry expert in venture capitalism or technology and will not be the same as those on the Screening Judging Panel (“Create the Future Awards Judging Panel”). The presentation must NOT mention or make any reference to the Business’s fundraising plans or activities. The Create the Future Awards Judging Panel will judge the Finalists’ Solutions based on the Winner Selection Criteria for each Category. The Finalist whose Solution receives the highest score in each Category will be determined the Contest Category winner (“Contest Category Winner”).
AUDIENCE CHOICE/VOTING. In addition, a Contest audience choice winner (“Contest Audience Choice Winner”) will be selected via voting by the Conference attendees that will take place on August 27, 2019 between 12:00 p.m. MT and 6:00 p.m. MT. Conference attendees may vote for their favorite Finalist by voting via the Aventri Conference app (the “App”), which is free and may be downloaded from the Apple App Store and/or the Google Play market. Upon downloading the app, attendees will be required to provide a username and password, which will only be available to registered Conference attendees. Only the first vote per attendee will be counted towards the results for the Contest Audience Choice Winner. Participants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to prospective voters, as determined by Sponsor in its sole discretion. Use of “dummy” accounts, script, macro or any fraudulent or automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. Sponsor reserves the right, in its sole and unfettered discretion, to nullify all votes obtained via such means and to disqualify participants who are associated from further voting or participation in the Contest. See below for additional voting rules. In the event of a tie in the number of votes received, the Contest Audience Choice Winner will be the Finalist that receives the most votes in the last hour of voting.
The Contest Category and Contest Audience Choice Winners will be announced live on the mainstage at the Conference at approximately 12:00 p.m. MT on August 29, 2019. Sponsor reserves the right to change the dates and times of the Final Round presentations and winner announcement based on the Conference agenda.
Contest Prizes: Each of the three (3) Finalists in each Contest Category will receive a Finalist Prize (“Finalist Prize”) that consists of the following: (i) two (2) complimentary registrations for the Conference; (ii) dedicated booth space in the Pluralsight LIVE Exchange to showcase their Solution; (iii) one (1) full year of access for two (2) individuals to the Pluralsight platform; and (iv) travel and hotel expenses for two (2) people to attend the Conference (including airfare to/from SLC International Airport and the airport nearest to each attendee’s home, ground transportation between SLC International Airport and Grand America Hotel (the Conference location), and two (2) basic room nights’ accommodations for each attendee at Grand America Hotel. Approximate Retail Value (“ARV”) of each Finalist Prize: $25,400 (USD) (based on sample Dallas, TX departure).
The Tech for Good Winner will receive a Grand Prize of $50,000.00 (USD), to be presented in the form of a check made payable to the Business. The Disruptive Tech Winner will be awarded $50,000 in investment funds from Aaron Skonnard (see conditions below). The Contest Audience Choice Winner will receive a prize of $2,500 (USD), to be presented in the form of a check made payable to the Business.
Total ARV of all Contest prizes to be awarded: $254,900 (USD).
Prize Restrictions: Any and all applicable federal, state, provincial and local taxes and all fees and expenses related to acceptance and use of the prize not specifically stated herein are the sole responsibility of the winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitution at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prizes must be used solely for their intended purpose; so, for example, the booth space provided to a Finalist must be used for the sole purpose of exhibiting such Finalist’s Solution. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
If the Disruptive Tech Winner currently has an open round of funding, Mr. Skonnard will target participation in the current round, provided that such round is for preferred equity or convertible securities convertible into preferred equity. If the Disruptive Tech Winner is not currently fundraising outside of the competition, Mr. Skonnard will invest via a convertible note with the following terms: 18-month maturity, 6% simple interest, 20% discount and valuation cap. Mr. Skonnard also requires certain information rights and participation rights in future financing rounds.
Sponsor will, in its sole discretion, determine which airport is closest to the Finalist Conference attendees’ home. If Finalist Conference attendee resides within a 300-mile radius of Salt Lake City, Utah, Sponsor reserves the right to substitute round-trip ground transportation to/from his or her residence in lieu of air transportation. Finalist Conference attendees must have no restrictions on ability to travel and are responsible for obtaining all necessary travel documents, permissions and travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Sponsor will not be responsible if Finalist Conference attendees are denied entry onto aircraft, into Salt Lake City, Utah or return entry to their departure point, and in such a situation the Finalist Conference attendee will be responsible for any and all additional costs incurred. Travel arrangements must be made through Sponsor’s agent and on an airline carrier of Sponsor’s choice. Certain travel restrictions may apply. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the Finalist Conference attendee’s transportation and such contracts shall be solely between the Finalist Conference attendee and such transportation companies. Lost, stolen or damaged airline tickets will not be replaced or exchanged. No stopovers are permitted on tickets issued as part of the prize. If a stopover occurs, the prize travel will terminate and Finalist Conference attendee will be responsible for the full fare which will be charged from the stopover point for the remaining trip segment(s), including the return. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. Airline tickets issued in connection with the prize may not be eligible for frequent flyer miles or upgrades. Finalist Conference attendees must comply with all hotel check-in requirements, including, but not limited to, the presentation of a payment card. Air transportation and hotel accommodations must be taken together and cannot be taken separately.
In the event Finalist Conference attendee engages in behavior during travel or the Conference that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send Finalist Conference attendee home with no further obligations or compensation whatsoever to Finalist Conference attendee (which may, in Sponsor’s sole discretion, result in the applicable Business’s disqualification from the Contest and forfeiture of any (and/or all) prize(s)). In the event Finalist Conference attendee engages in behavior during travel or the Conference that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects Finalist Conference attendee to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Finalist Conference attendee as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
General Conditions: This Contest is governed by the laws of the United States. Void outside the United States. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Contest, except as expressly set forth in these Official Rules. If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and/or (a) cancel or terminate the Contest (or any portion thereof); (b) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (c) award the Contest prizes from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection process described above. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, telephone transmission problems; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any Entrant it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person or entity.
Electronic Communications: You acknowledge and agree to electronic communication and delivery of all documents related to the Contest as designated by Sponsor. You further acknowledge and agree to:
(i) the transfer of your personal data to the United States of America and for it to be stored on the Sponsor’s servers there;
(ii) the act of clicking your consent to these Official Rules as a binding form of your electronic signature, which will bind you to these Official Rules;
(iii) represent that you have access to the Internet and a valid e‐mail address enabling you to participate in the Contest and to receive communications and documents electronically;
(iv) represent that all information provided by you is complete, current, and accurate; and
(vi) represent that you have a printer or other device to print or otherwise save communications and documents including, without limitation, these Official Rules and that you have, in fact, printed or otherwise saved a copy of these Official Rules for your records.
Acceptance of these Official Rules and any consent noted herein is effective unless and until you withdraw it. You may withdraw your consent to electronic communication and delivery of documents, update your contact information, or request a free paper copy of these Official Rules at any time by contacting us at [email protected]. Sponsor will send you a confirmation notice or request additional information to confirm your request once we have processed your change request.
Releases and Limitations of Liability: By participating in this Contest, Entrants agree that Sponsor and its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any Contest prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Contest.
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A CONTEST PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY CONTEST PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY INTERNET SITE ASSOCIATED WITH THE CONTEST OR SPONSOR, OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING ANY WEBSITE ASSOCIATED WITH THE CONTEST AND ALL PRIZES, ARE 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Intellectual Property Rights:
Warranty. By entering the Contest, you warrant and represent that the Entry submitted by you is your own original work created by you or a work that you have obtained lawfully and/or via a valid license, has not been previously published, has not won a previous prize or award, that you own or otherwise control all of the rights to the Entry and the Entry submitted by you (including, without limitation, the rights in any photographs, sound recordings, and any content included in the Entry) and that the Entry submitted by you does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity and/or privacy. Please understand that submitting an Entry that is copyrighted by another individual, or otherwise subject to the rights of another individual, will make you responsible for any legal action the legal rights holder might take against you. Likewise, you agree to indemnify Sponsor against any claims made by individuals claiming rights in the Entry that may contest Sponsor’s right to use the Entry in accordance with the terms of these Official Rules.
License. Please note that you will retain ownership over your Entry; however, as part of your participation, you agree to grant Sponsor a license in accordance with the terms of this provision. By submitting an Entry into the Contest, you grant to the Sponsor the right, without limitation, to display the Entry online and in any media now known or hereafter developed. Further, you agree to grant to the Sponsor an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or hereafter developed) to (a) use, review, assess, test, and otherwise analyze your Entry and all its content in connection with the Contest, including in any marketing for the Contest; and (b) an option and right of first refusal to enter an additional license or agreement with Sponsor to the idea contained in the Entry after the conclusion of the Contest. By participating in the Contest, you agree to sign all documentation that may be required for Sponsor and its designees to make use of the rights granted herein, if necessary.
Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Utah; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Utah, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Utah.